A strata council in British Columbia is grappling with a challenging legal situation involving an airspace parcel owner, underscoring the complexities of property boundaries and the limitations of existing dispute resolution mechanisms. According to Tony Gioventu, executive director of the Condominium Home Owners Association, such matters often fall outside the jurisdiction of the Civil Resolution Tribunal, necessitating legal intervention.
The Core of the Dispute
In a recent inquiry, a strata council member identified as Mary V. described ongoing conflicts with the owner of an airspace parcel located beneath their residential tower. The underground parking facility, which is part of this airspace parcel, includes a designated elevator that provides access from the parking area to the residential lobby. However, this elevator has been frequently out of service, creating significant inconvenience for residents.
The crux of the issue lies in access rights. The service provider responsible for maintenance and emergency responses is being denied entry to the elevator services, which are situated within the airspace parcel. This denial impedes necessary repairs and poses potential safety risks. The strata council is seeking a resolution under the Strata Property Act but has encountered legal hurdles.
Legal Limitations and Necessary Steps
Gioventu explains that the Strata Property Act applies exclusively to the residential strata corporation and does not extend to other properties within the airspace parcel arrangement. This legal gap means that the Civil Resolution Tribunal, which typically handles strata disputes, lacks the authority to intervene in such cases. As a result, strata corporations may have no choice but to pursue costly court proceedings to resolve conflicts.
To address the situation, Gioventu advises the council to obtain a full copy of the airspace parcel agreement from the Land Title Registry. This document, which functions as a contract between separate property owners, outlines critical details such as maintenance responsibilities, access protocols, insurance obligations, and cost-sharing arrangements for shared services like parking areas and utilities.
Key recommendations include:
- Printing the airspace parcel agreement for all council members to review thoroughly.
- Consulting with a lawyer who specializes in airspace parcel interpretation to clarify terms and obligations.
- Identifying specific components within the agreement, such as the parking elevator, to determine operational and access issues.
Broader Implications for Property Owners
Airspace parcels are inherently complex legal structures that often go unnoticed until conflicts arise. Gioventu emphasizes that many strata councils are unaware of the potential complications and liabilities associated with these arrangements until problems occur, leading to frantic efforts to assign responsibility and find solutions.
To mitigate such risks, he suggests that councils in airspace parcel properties have their agreements summarized and interpreted by legal professionals for easier understanding. Additionally, the Condominium Home Owners Association, in partnership with the Real Estate Council, has published a comprehensive bulletin titled "Understanding Air Space Parcels," available on the CHOA website. This resource aims to assist strata corporations and property owners in navigating these intricate legal landscapes.
Ultimately, this case highlights the importance of proactive legal review and the need for clear communication between all parties involved in airspace parcel agreements to prevent disputes and ensure smooth operations.
