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Are Strata Windows Common Property in BC? Who Pays to Replace Them
ArticleBritish Columbia

Are Strata Windows Common Property in BC? Who Pays to Replace Them

Whether windows in a BC strata are common property, who pays to replace them, and what an owner who rents out the unit owes the tenant while the strata acts.

Strata windows in BC are usually repaired and replaced by the strata corporation, either because they are common property or because Standard Bylaw 8 makes the strata responsible for exterior windows even inside a strata lot, but each strata's registered bylaws decide. An owner who rents out the unit remains the tenant's landlord under the Residential Tenancy Act.

If you own a condo or townhouse in a BC strata and rent it out, a failing window raises two questions at once: is the window yours or the strata corporation's, and who answers to the tenant while it is being sorted out? The answer comes from the Strata Property Act, the strata plan and the strata's bylaws for the first question, and from the Residential Tenancy Act and Residential Tenancy Branch (RTB) guidance for the second.

Are strata windows common property in BC?

Strata owners review a strata plan around a meeting table.

Sometimes, and it depends on the strata plan: under section 68(1) of BC's Strata Property Act, unless the strata plan shows otherwise, where a strata lot is separated from common property by a wall, the boundary is midway between the surface of the structural portion of the wall facing the lot and the surface facing the other side. In plain terms, the lot ends in the middle of the wall.

The RTB's Policy Guideline 21 says the same: the dividing line between the strata lot and the common areas is usually the midpoint of the exterior walls. Where exactly a window sits relative to that line, and whether the strata plan draws the boundary differently, is a question about your building's documents. The practical point is that you usually do not need to settle it, because the bylaws often answer the repair question directly.

Who repairs strata windows under BC's Standard Bylaws?

Wall diagram: BC strata lot boundary and who repairs exterior windows under the Standard Bylaws.

Under BC's Standard Bylaws, the strata corporation repairs and maintains doors, windows and skylights on the exterior of a building or that front on the common property, even where they are part of a strata lot (Standard Bylaw 8). Under section 72 of the Strata Property Act, the strata corporation must repair and maintain common property and common assets; it may, by bylaw, make an owner responsible for limited common property they have the right to use, and it may take on responsibility for specified parts of a strata lot.

The Standard Bylaws apply to a strata unless it has filed different bylaws in the land title office (section 120). Standard Bylaw 8 divides the work like this:

Part of the building (Standard Bylaws)Who repairs and maintains
Common property that is not limited common propertyStrata corporation
Limited common propertyStrata corporation, but only for repairs that normally happen less than once a year, plus, however often they occur, the structure and exterior of the building and doors, windows and skylights on the exterior or that front on common property
Parts of a strata lot (non-bare-land strata)Strata corporation, restricted to the structure, the exterior, and doors, windows and skylights on the exterior or that front on common property, among others
The rest of the strata lotOwner (Standard Bylaw 2)

So under the Standard Bylaws, exterior windows are on the strata's side even when they fall within a strata lot.

Warning: A strata can file its own bylaws in place of the Standard Bylaws (section 120), and section 72 lets a bylaw make owners responsible for limited common property they use. Your strata's bylaws may split window duties differently. Get the current registered bylaws from the strata manager or council before assuming who pays, and check any rules or council decisions on window replacement.

Who pays to replace windows in a BC strata?

When the BC strata corporation is responsible for the windows, the cost is a common expense that every owner shares, through strata fees, the contingency reserve fund or a special levy. For a large window project a strata may draw on its contingency reserve fund (spending rules are in section 96) or raise a special levy, which under section 108 generally needs a 3/4 vote at a general meeting if shares follow unit entitlement.

Insurance can change the picture. If a window is broken in an insured event, section 158 makes the strata's insurance deductible a common expense, but allows the strata to sue an owner to recover the deductible if the owner is responsible for the loss. Check whether your strata's bylaws say anything about charging owners for damage, read them carefully, and make sure your own owner's policy and your tenant's insurance requirements fit.

Pro Tip: Ask the strata whether a depreciation report or window survey exists for the building. If a building-wide replacement is coming, you will want to know before you budget, sign a fixed-term lease, or promise a tenant a quick fix.

Can a BC strata owner replace their own windows?

Only with the strata's written approval: Standard Bylaw 5 requires a BC owner to get the strata corporation's written approval before altering doors, windows or skylights on the building exterior or that front on common property. The strata must not unreasonably withhold approval, but may require the owner to accept responsibility for related expenses in writing.

Replacing a window without approval can leave you paying to put it back, or carrying its future maintenance.

What does an owner-landlord owe the tenant when strata windows fail in BC?

The owner stays the tenant's landlord: under section 32(1) of BC's Residential Tenancy Act, the landlord must keep the rental in a state of repair that meets health, safety and housing standards and makes it suitable to live in, and the strata's role does not move that duty onto the strata. The tenant deals with the owner, not the strata. RTB Policy Guideline 21 explains how arbitrators handle it:

  • Where repairs are needed because of a defect that starts in the common area, an order to make the repair will not be made against an owner-landlord, because the owner has no authority to make it.
  • The owner-landlord must make sure the strata corporation knows about the problem and take reasonable steps to have it repaired in a timely way.
  • Repairs to the interior of the strata lot are generally the owner's responsibility.
  • Even when the defect originates outside the strata lot, the tenant may be awarded a rent reduction or damages if their use and enjoyment is adversely affected. The landlord may then pursue the strata corporation in the appropriate forum if the strata is liable.

So keep a paper trail: the tenant's written request, your report to the strata manager or council with photos, every follow-up, and the strata's responses. That record is what shows an arbitrator you took reasonable steps. If a tenant does apply, our guide to the RTB dispute resolution process explains what happens next, and our guide to repairs and maintenance in BC covers the landlord's general duty.

Pro Tip: Forward the tenant's repair request to the strata the same day, copy the tenant on a short note saying you have done so, and set a follow-up date. The tenant's frustration usually comes from silence, not from the strata's process.

How do strata contractors get access to a rented unit in BC?

Through the owner-landlord, with proper notice: when strata contractors need to enter a rented unit in BC, the tenant's right to notice under section 29 of the Residential Tenancy Act still applies. That means written notice at least 24 hours and not more than 30 days before entry, with a reasonable purpose and a time between 8 a.m. and 9 p.m., unless the tenant consents.

Coordinate the strata's schedule with proper notice to your tenant, served by a method the Act allows (see serving documents in BC). For a long project, our guide on tenant rights in BC explains the quiet enjoyment limits, and our guide to renting out a strata unit in BC covers the wider relationship.

How do you choose a licensed window contractor for a BC strata unit?

For exterior windows in a strata, the strata corporation usually selects and hires the contractor. Where an owner has written approval to do the work, settle these points first:

  • The strata's written approval, including any conditions on product, colour or appearance.
  • A written agreement on future maintenance, since the strata may require the owner to take on related expenses.
  • Insurance: the contractor's liability coverage, and how the work interacts with the strata's policy.
  • Access through common property, elevator bookings and any building move-in rules.
  • A schedule you can turn into proper entry notices for your tenant.

Frequently asked questions

Does a BC tenant deal with the strata about a broken window?

No. The owner who rents out the strata lot is the tenant's landlord under BC's Residential Tenancy Act, so the tenant reports the window to the owner. RTB Policy Guideline 21 says the owner must make sure the strata corporation knows about the problem and take reasonable steps to have it repaired in a timely way.

Can a BC tenant get compensation if the strata is slow to fix a window?

Yes, possibly. RTB Policy Guideline 21 says that even when a defect originates outside the strata lot, the tenant may be awarded a rent reduction or damages if their use and enjoyment is adversely affected. The owner-landlord may then pursue the strata corporation in the appropriate forum if the strata is liable.

What vote does a BC strata need for a special levy to replace windows?

Generally a 3/4 vote at a general meeting, if the levy is shared by unit entitlement (Strata Property Act s.108). A strata may instead draw on its contingency reserve fund under the spending rules in section 96.

Can a BC strata charge an owner its insurance deductible for a broken window?

Possibly. Section 158 of the Strata Property Act makes the strata's insurance deductible a common expense, but allows the strata to sue an owner to recover it if the owner is responsible for the loss. Check your strata's bylaws for any rules on charging owners for damage.

How does a BC owner know whether the Standard Bylaws apply to their windows?

Ask the strata manager or council for the current registered bylaws. Under section 120 of the Strata Property Act, the Standard Bylaws apply unless the strata has filed different bylaws in the land title office, and section 72 lets a bylaw shift some repair duties to owners.

Keep the strata trail and the tenant trail together

In Tenon10, a tenant's window request becomes a maintenance request you can track alongside your work orders and vendor contacts, so you can show what you did and when.

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Tenon10 Research Team

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