Kai Mallari's Notes'

Exterior-Windows-Are-Common-Property-in-BC-Strata (Home Systems)

5 min read

Exterior Windows Are Generally Common Property in BC Stratas — the Strata Corporation Pays to Replace Them

idea decision-rule

Claim: under the BC Strata Property Act, exterior windows are generally common property, and the strata corporation — not the individual owner — is responsible for their repair and replacement under SPA s. 72. Bylaws attempting to shift this obligation to owners are likely unenforceable. This is the opposite of what most strata owners assume.

Mechanism

The statutory framework:

  • SPA s. 68 defines the boundary of a strata lot as “midway between the surface of the structural portion of the wall” separating the unit from common property. The exterior face of the wall — including the window assembly — sits on the common-property side of that line.
  • Standard Bylaw 8 states the strata corporation must maintain “doors, windows and skylights on the exterior of a building or that front on the common property.”
  • SPA s. 72 creates the strata corporation’s positive duty to “repair and maintain common property and common assets.”

The VISOA (Vancouver Island Strata Owners Association) states directly: “Bylaws that make owners responsible for exterior windows and skylights are likely unenforceable as these exterior elements are generally considered to be common property.”

The CRT precedent:

In Spiteri v. The Owners, Strata Plan K664 (2022 BCCRT 1228), a strata corporation was ordered to reimburse an owner for the cost of replacing exterior windows and a patio door that the strata had failed to maintain under its s. 72 duty. The tribunal found the windows to be common property and the strata’s maintenance obligation to be clear.

Limited common property nuance:

Some strata plans designate exterior windows as limited common property (LCP) — common property designated for the exclusive use of one owner (typically balcony windows or patio doors). LCP is still common property; the strata can shift day-to-day maintenance (cleaning, weatherstripping) to the owner via bylaw, but the structural replacement obligation generally remains with the strata.

What this means practically

Before spending your own money on window replacement, confirm:

  1. Read your registered strata plan to see how windows are classified (common property vs LCP vs strata lot)
  2. Read your registered bylaws to see if any window obligation has been shifted — and check whether that shift would survive a legal challenge
  3. Check the depreciation report for the windows’ maintenance schedule — if they’re in the strata’s capital plan, you have documentation of their responsibility
  4. If the strata refuses to act: submit a written repair request (which creates a record), wait for the SPA s. 135 formal process, and if necessary file a CRT claim

What remains the owner’s responsibility in all cases:

  • Interior cleaning (glass, tracks, sills)
  • Clearing weep holes (drainage maintenance)
  • Adjusting weatherstripping on the sash you operate
  • Reporting defects in writing to the strata — promptly

Scope

This rule is specific to BC stratas governed by the Strata Property Act. It does not apply to:

  • Detached homes (no strata corporation)
  • BC co-ops (different legal structure)
  • Any strata with registered bylaws that have been legally tested and upheld shifting window costs to owners — this is rare but possible

Sources

Idea Compass

North: Where this comes from

  • windows (Home Systems) — the parent component note; strata responsibility is the most practically significant strata-specific fact
  • BC Strata Property Act ss. 68, 72, Standard Bylaw 8 — the governing legal framework

East: Tensions / failure

  • The Strata Insurance Circularity Problem — even when the strata is responsible for windows, a window failure that causes inter-unit water damage can still trigger deductible-chargeback exposure under SPA s. 158 if the owner knew of the defect and did not report it
  • Strata inaction — a strata that ignores a failing window forces the owner into the CRT process; knowing your rights is the prerequisite

South: Where this leads

West: What’s similar

  • doors (Home Systems) — exterior doors follow the same common-property logic as exterior windows under Standard Bylaw 8
  • siding (Home Systems) — exterior cladding is also common property; the building envelope is the strata’s responsibility, not individual owners

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