The "Common Law Condominium:" A Historical Anomaly With Present-Day Implications To Strata Wind-Ups

In British Columbia, condominium ownership is principally governed by a statutory regime found in the Strata Property Act ("SPA"). However historically, structures were developed to create land ownership and management rights outside of that legislative scheme.

Cypress Gardens (a 177-unit residential complex located in the City of North Vancouver) is an example of what has been colloquially described as a "common-law condominium." This fairly unique ownership structure was created by filing individual titles for undivided fractional interests in the entire property, with the owners being bound to comply with various covenants, roles, and management structures formalized in a User Agreement registered on title to the property.