THE STRATA UNIT

A L.K.Q.S.S. COMPLIANCE & REGULATORY RULING

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THE STRATA UNIT

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Over the years, we have been asked time and time again in our experience as a cost consultant and a project manager from both a restoration and renovation point of view; “What is my responsibility as a unit owner for the interior portion of my unit?”

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Also, we have been constantly requested to split the responsibility of the cost of restoration after an insured loss between the strata corporation and the unit owner’s policies.

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Considering the way, the Condominium Act is written coupled with the Strata Bylaws for each complex; it sometimes can become a murky and grey area with lots of ambiguous statements in both documents. So, as a cost consultant, we have always taken the stand that not only do we apply the two documents, but we also apply the principals of restoration and costing as well, and thus we come out with a reasonable solution that is more common sense than anything else.

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So, let’s go inside a unit and start there.

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CEILINGS

If there is another unit above or the unit owner does not have access to the attic, then it is a common separation and forms part of the strata complex. If the unit owner has access to the attic, then it becomes the unit owner’s responsibility to maintain the insulation in that attic, and the roof section belongs to the strata complex.

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The finish on the ceiling is the unit owner’s responsibility, but the framing portion, and the drywall belongs to the strata complex because, under the Condominium Act, the strata council is responsible for the safety of the residences, and the framing is part of the structure from both a safety point of view and a fire point as well.

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WALLS

All exterior walls, bearing walls, and demising walls belong to the strata complex. Partition walls, if they are true partition walls meaning that the drywall on the ceiling flows continuous through above the top plate from one room into the next room, are the responsibility of the owner.?Otherwise, they become part of the complex.

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All finishes on all walls are the responsibility of the owner. Again, the drywall is a fire issue, and the framing is a safety issue. The entire true partition wall is the owner’s responsibility.

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FLOORS

The floor covering or finish is the owners, whereas the balance of the structure is the complexes, even if the unit is on the ground floor and there is access to a crawl space basement because the foundation, footings, services, cleans outs, etc. for the whole complex can be accessible from this point. It is the unit owner’s responsibility to inform the council if they observe unusual activity going on in that space because council has limited access to the space.

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MILL WORK

All built in, vanity, and kitchen cabinets are the owners, as well as the trim, and interior doors.

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EXTERIOR DOORS & WINDOWS

They are the responsibility of the complex, while the maintenance of these components is the owners. By maintenance, we mean broken glass, weather-stripping, etc.

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PLUMBING

This area seems to be the most confusing of all, so let’s take a bathtub for example.?The drain is the responsibility of the complex, while the water supply can be the owner’s, along with the fixture itself. The reasoning here is quite simple; as the water supply usually has shut off valves, the unit owner can control the flow from that point into the unit, whereas the drain has no shut off and runs into areas that the owner has no control over, therefore it becomes part of the complex.

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Maintenance of this item would be the owners. For example, again, a toilet; the fixture and water supply is the owner’s, while the sewage pipe is the complex. Again, the sewer pipe runs into areas that the owner can not access. However, should the toilet back up from abusive use or a plugged drain, it is the unit owner’s duty to address the issue. A trades person can tell them that the cause is further into the line and out of the owner’s jurisdiction and then the complex should take over.

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HEATING

If the unit is self-sufficient, then the owner has this responsibility, unless ducts and runs are in common areas that the owner cannot access, then again it becomes the strata. If it is a common heating plant for the complex, then all of it becomes part of the complex.

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The only exception to this rule would be registers which can become the owner’s.

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ELECTRICAL

All fixtures, receptacles, switches, plates, are the unit owners. If each unit has its own service, this too becomes the owner’s. If the wiring runs into common areas, the wiring becomes the complex. Again, the principle of continuous run without junction applies.

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FIRE PROTECTION

All fire protection equipment such as smoke detectors, carbon monoxide detectors, central alarms, etc. should be the responsibility of the complex because they do not only concern the unit owner but all the other owners throughout the complex.

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Now, as we mentioned in the beginning, this is using basic common sense as we see it and applying principles from the condominium act to construction and restoration. We have been very successful in the past in resolving situations regarding who is responsible, and, if you find yourself in this situation, we advise that you retain a cost consultant.

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Need an independent Compliance & Regulatory Ruling or Review email us at [email protected] with the following information.

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