Recently the Civil Resolution Tribunal issued its decision in the case of a Windsor Garden resident who sought a ruling on the case of a storage shed. Here’s what the ruling means for the Strata.
The Ruling on Datoo vs. the Owners was issued on July 17, 2026. In essence, the case revolved around an owner who put up a storage shed behind his unit and was asked to remove it. He argued that it appeared as if other units were allowed to keep similar structures, making it seem that he was being singled out.
The judge ruled that he did not feel the owner was being singled out. However, he did point out that the strata councils have been lax in following through on enforcement of bylaws, which has caused a number of issues.
As a result, the judge ruled that the Strata Council must immediately begin to enforce Bylaw 11, which states that no storage of any type may be placed in these patio spaces, which are Common Property according to the Strata Plan.
In addition, the judge ordered that the Strata Council hold a Special General Meeting within 90 days of the decision to have owners vote on whether one particular unit mentioned in the case may be permitted to keep a privacy trestle that had been put up on the verbal approval of a prior strata council president. That meeting will take place in early September.
Patio Spaces are Common Property
What many owners don’t realize is that the patio space behind their unit is actually designated as Common Property, not Limited Common Property.
So what’s the difference? These designations are assigned at the time that the strata plan is created, in this case way back in the 1990s when the complex was being built.
The upper balconies in our complex are designated under the Strata Plan as Limited Common Property which is property outside the unit itself owned collectively, but representing private space for the owners. You can do what you like with that space, as long as that use falls within the rules set out in the bylaws. Some strata complexes, for example, will outlaw barbecues on Limited Common Property spaces like balconies. We do allow barbecues on our balconies.
In other words, the Strata Corporation is responsible for looking after the maintenance of that space (for example the balcony membranes upgrades), but the owners have a right to use the balconies mostly as they see fit. It’s their private area.
Keep in mind that you can’t make changes to your balcony without Strata approval, because it still falls under the ownership of the Strata, but you can use it as private space.
However, the ground level patio areas are designated as Common Property. That essentially means they do not come with any special private use allowance. These spaces belong to all the owners equally and may be used by all the owners. In a legal sense, while there is no rule against putting some patio furniture out there, it cannot be claimed as your personal space. Any owner could effectively use that patio furniture because the space belongs to everyone! Note, we’re not condoning that anyone steals personal property from these spaces. But if someone were to sit in your patio chair, you would have no right to force them to move.
Other owners can’t sit on your balcony without your permission, but they can use your patio space because it is Common Property and is open to everyone’s use. Many owners, perhaps most, don’t understand that difference.
What this means for owners
Because of the designation, owners cannot just do things to that Common Property to change it from the original design. Gravel areas can be changed to paving stones with official approval from the Strata Council (this is described in the Bylaws), but putting up a trellis, or privacy hedge, or privacy curtain, etc is only allowed through a 3/4 vote approval by the owners at an SGM or AGM.
The unit in question that has the trellis was given verbal approval by a past council president to put up the trellis, but he did not have the authority to give such an approval. It needed to go to a formal vote process.
Obviously this is a challenging issue for many owners, who are left in the awkward position of having put up temporary things to modify their patio spaces without going through the proper legal channels, largely because past councils did not understand the distinction between Common Property and Limited Common Property.
Can Common Property be Changed?
The short answer is, yes! Areas designated as Common Property can be modified and changed to Limited Common Property, allowing owners to have more control over their ground level patios.
According to the BC Strata Property Act, sections 73 and 74, doing so requires a change of bylaws through a resolution put forward at an AGM or SGM, which specifically calls for those ground floor patio areas to be redesignated as Limited Common Property. It must be approved by a 3/4 vote of the owners.
If approved, the change must be filed in the land title office with a sketch plan that satisfies the registrar and defines the areas of limited common property. A resolution passed in this way does not have effect until it is filed in the land title office, but it does not require an amendment to the strata plan.
By designating the patio spaces as Limited Common Property, owners would no longer need the approval of all other owners to make any minor temporary modifications to their patio such as putting up a privacy trellis. However, that space would still fall under the Bylaws and would still need to conform to existing standards such as cleanliness and storage.
How Would it Change Things if We Vote to Make Patios LCP?
Designating the patios as Limited Common Property would allow use of that space in a more private capacity. However, it doesn’t change the ownership of the space. It would still be owned by the Strata and the owners collectively. An owner of LCP cannot, for example, sell the patio separately, or permanently alter the area without approval, or prevent the strata from carrying out necessary work, or claim compensation simply because the strata must temporarily occupy the LCP to perform repairs.
On the other hand, the owners could then use the area exclusively for their intended purpose, expect others not to trespass on it, and enjoy the area without interference from other owners.
What About Storage?
One of the issues that has proven challenging for all past councils is that the bylaws don’t actually identify what counts as storage. Bylaw 11 simply states that “no storage of any type” is permitted. So what is storage?
Some things are pretty obvious. We don’t want to see automobile parts or discarded utilities littering up backyard spaces. But what about things like a kid’s bicycle that is used occasionally, or a garden hose that is only used in spring and summer? What about a table? Or a bucket with garden supplies in it? Are those storage? While it might appear to be pretty straightforward, it’s not always that easy. Once council develops a better definition for what storage is, they can properly fulfill the condition of the CRT ruling that they enforce Bylaw 11.
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