BCCA Considers What Constitutes A "Habitable Area" In Determining Strata Unit Entitlements

Introduction

 The allocation of a strata corporation's expenses among owners can create friction, especially when the method of calculation is seen by some owners to be unfair, inconsistent, or inequitable. This is precisely the scenario that arose in Barrett v. The Owners, Strata Plan LMS3265,¹ a case in which the B.C. Court of Appeal considered what constitutes a "habitable area" in determining unit entitlements, as well as the law on inaccurate schedules of unit entitlement.

Unit Entitlements

Unit entitlements govern, among other things, a unit owner's proportionate share of the common expenses of a strata corporation. Under the Strata Property Act,² a schedule of unit entitlement must be filed when a strata plan is deposited in the Land Title Office.³