The BC Strata Property Act (SPA) is the foundational legislation governing the creation, operation, and management of strata corporations in British Columbia. For property managers, council members, and owners dealing with building maintenance decisions — including concrete repair and parkade waterproofing — understanding the relevant sections of the SPA is essential background for making legally sound decisions.
Core Maintenance Obligations Under the SPA
Section 72 of the Strata Property Act states that a strata corporation must repair and maintain common property and common assets. This obligation is non-discretionary — it is not subject to council vote or budget constraints. A strata corporation that fails to maintain common property in a reasonable state of repair is in breach of its statutory obligations, which can result in civil liability to affected owners and, in extreme cases, court-ordered remediation.
Common property in the context of a strata building includes everything that is not within the boundaries of an individual strata lot — which typically encompasses the parkade structure, building envelope, common corridors, elevators, and shared mechanical and electrical systems. Parking stalls assigned to individual lots may be limited common property, but the structural elements of the parkade (slab, columns, beams, waterproofing) are invariably common property subject to the corporation’s maintenance obligation. Our parkade waterproofing and resurfacing services help strata corporations fulfill this obligation.
The Standard of Care for Strata Councils
Section 31 of the SPA requires council members, when performing their duties, to act honestly and in good faith with a view to the best interests of the strata corporation, and to exercise the care, diligence and skill of a reasonably prudent person. Courts interpreting this section have consistently held that this standard requires council members to: obtain professional advice when dealing with complex technical matters (such as structural concrete repair); act within a reasonable time upon professional recommendations; maintain adequate insurance and records; and not allow personal conflicts of interest to influence maintenance decisions.
Bylaws and Maintenance Responsibilities
The SPA permits strata corporations to alter the standard maintenance obligations through registered bylaws. Some stratas allocate responsibility for certain elements — such as balcony surfaces, patio pavers, or limited common property storage areas — to individual lot owners. However, structural elements and the primary waterproofing system of the building cannot be reassigned to individual owners in a way that relieves the corporation of its underlying maintenance obligation.
If your strata corporation has questions about how the SPA applies to a specific maintenance situation — for example, whether a parkade crack repair is the corporation’s obligation or an individual owner’s — consulting with a strata lawyer is recommended. Our team focuses on the technical side of concrete and parkade repair; for questions about your legal obligations, see our FAQ and consult qualified legal counsel. Learn about our concrete repair services to understand what a repair project involves.
Contact Miyagi Construction for a free site assessment at estimate@miyagiconstruction.com or call (778) 513-7471.
Additional Resources
For more information on concrete standards and construction safety in British Columbia, visit BC Housing and the WorkSafeBC for industry standards and guidelines.
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