Can my strata corporation charge me for damage to common property fencing in BC?
Can my strata corporation charge me for damage to common property fencing in BC?
Yes, your strata corporation can potentially charge you for damage to common property fencing in BC, but only under specific circumstances defined by the Strata Property Act and your strata's bylaws. The answer depends on whether the damage was caused by your actions (or inaction), whether the fencing is common property or limited common property, and what your strata's bylaws say about repair cost allocation.
Under the BC Strata Property Act (SPA), the strata corporation is generally responsible for repairing and maintaining common property, which includes fences that serve the overall strata complex — perimeter fencing, fencing along common driveways, and fencing between strata lots and common areas. The cost of this maintenance is normally shared among all owners through strata fees. However, there are important exceptions that can shift costs to individual owners.
If you caused the damage, the strata corporation has the right to charge you for the repair costs. Section 72 of the Strata Property Act allows the strata corporation to require an owner to pay for the cost of repairing damage to common property if the damage was caused by the owner, their tenant, or their guests. This applies whether the damage was intentional (you backed your truck into the perimeter fence) or negligent (you failed to maintain a tree on your lot and it fell onto common property fencing). The strata council must pass a resolution to charge you, and you have the right to dispute the charge through the Civil Resolution Tribunal (CRT) if you believe it's unjust.
Limited common property (LCP) fencing adds complexity. Many strata developments in Metro Vancouver designate fences around individual patios, yards, and townhouse lots as limited common property — meaning it's technically owned by the strata corporation but designated for the exclusive use of a specific lot. Under the SPA's Standard Bylaws, the strata corporation is responsible for maintaining LCP, and the cost is shared through general strata fees. However, many strata corporations have amended their bylaws to shift LCP maintenance costs to the individual lot owner who has exclusive use. If your strata has such an amended bylaw, you may be responsible for maintaining and repairing the fence around your lot at your own expense — and the strata can enforce this through fines or by performing the repair and charging you.
Check your strata's specific bylaws — this is critical. The Standard Bylaws under the SPA are just the default starting point. Many Metro Vancouver strata corporations have extensively amended their bylaws regarding repair and maintenance responsibilities, and these amendments can significantly change who pays for what. Your strata's registered bylaws are available through the BC Land Title Office (LTSA) or from your strata council or property manager. Look specifically for bylaws addressing "repair and maintenance," "limited common property," and "user fees" or "cost recovery."
The strata can also charge you indirectly through a special levy. If the strata's perimeter fencing needs replacement — a common situation in Metro Vancouver where wood fences in the wet climate deteriorate over 15 to 20 years — the strata council may pass a special levy to fund the project. This levy is distributed among all owners based on unit entitlement (the proportional share assigned to each strata lot). While this isn't a direct charge for "damage," it's a cost that can run into thousands of dollars per unit for large-scale fence replacement. Strata owners should budget for these eventual costs, as wood fencing in Metro Vancouver's wet climate has a finite lifespan.
If you want to modify or replace fencing on your strata lot, you generally need written approval from the strata council before doing any work — even if the fence is limited common property designated for your exclusive use. Unauthorized alterations can result in the strata requiring you to restore the original fencing at your expense, plus potential fines under the strata's bylaws. The approval process typically involves submitting a written request describing the proposed work, materials, colours, and dimensions. Many strata corporations require that replacement fencing match the existing style and colour to maintain a uniform streetscape.
Dispute resolution options if you disagree with a strata's damage charge include requesting a hearing with the strata council, filing a complaint with the Civil Resolution Tribunal (CRT) — which handles most strata disputes in BC for claims under $5,000 — or seeking legal advice from a lawyer experienced in BC strata law. The CRT process is relatively affordable (filing fees under $300) and designed to be accessible without legal representation, though complex cases may benefit from a strata lawyer's guidance.
Before making any fence-related decisions on a strata property, review your bylaws, get council approval in writing, and keep records of all communications. If your strata is planning a fencing project, find qualified contractors through the Vancouver Construction Network at vancouverconstructionnetwork.com.
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