Strata 101: Common Property vs Limited Common Property

COMMON PROPERTY  

Let’s take a closer look at common property. Common property is any part of the land and buildings shown on the strata plan that is not a part of a strata lot. Generally, this means things like hallways, external walls, amenities, roofs, elevators, and any sort of recreation ground or shared green space.  

Common property, in a nutshell, is what you share with the other owners – everything you have in common.  I like to think of common property as the places in the building where you’d have to wear pants because it's not in your condo and you'll probably run into a neighbour or two. 

Strata lot owners own common property collectively as tenants in common. There are a few more details to this -- how much one strata lot owns is proportional to the unit entitlement and what is paid and by whom depends on the individual strata -- but this is 101 so we'll pass that over and move on to it later. 

Since common property is shared by so many people, and used for so many things, there are rules for its use. The building's bylaws and rules will govern how owners and their guests may use common property. For example, you might be able to smoke in certain areas, or be forbidden to smoke on common property entirely. You might be able to play badminton on common property greenspace, but you might not be allowed to have a barbecue up on the roof. Always check your bylaws and rules! 

Limited common property is similar to common property in that it isn't part of an individual strata lot -- but this is where things take a twist. Limited common property (or LCP) is common property that is for the exclusive use of one or more strata lots. 

Common LCP designations are patios, porches -- and for ground floor units, that cute little yard out back. If common property is where you have to wear pants, LCP is where you could pull up a lawn chair and chill, or wander in pajamas and a cup of coffee.

It’s important to note that LCP isn’t set in stone. A strata council can amend a strata plan to designate new LCP or take it away. None of this is on a whim, however. There are rules and processes in place for this, including resolutions, votes and filings at Land Title.

It matters because of access, repairs, maintenance, use and control and enjoyment of the common property, all of which will be controlled by bylaws and rules in the building. Designations like common property and limited common property tell you what you can do, where you can do it, and who pays for it. It's important to know what in your building is common property, what is limited common property, and how the maintenance, bylaws, and rules apply to each.

Next week we’ll take a look at where parking fit into all of this. Check back or sign up for my Condo Living Newsletter to get articles, tips, and guides right in your inbox!