Limited common property: balconies, patios, parking and who looks after them
Your balcony is probably not yours. It is common property that only you may use. That halfway status decides who cleans it, who rebuilds it, and whether you can change it.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
Limited common property (LCP) is common property designated for the exclusive use of the owners of one or more strata lots (Strata Property Act, section 1). Typical examples are balconies, patios, yards, parking stalls and storage lockers. It can be designated by the developer on the strata plan, by a plan amendment, or by a 3/4 vote resolution filed at the Land Title Office. Under the Standard Bylaws, the owner looks after routine upkeep and the strata handles major and structural repairs.
What it is
LCP remains common property, owned by all the owners together. What is "limited" is the right to use it: only the owners of the strata lot or lots named in the designation may use it. The right passes automatically with the strata lot on sale. It is not owned, cannot be sold separately, and is still subject to the bylaws.
How it is designated
Section 73 gives three routes.
| Route | Vote | Recorded |
|---|---|---|
| By the owner developer, on the strata plan at deposit or by a later plan amendment before the first AGM for parking stalls | None | On the strata plan |
| By amending the strata plan (section 257) | Unanimous | Reference or explanatory plan at the Land Title Office |
| By resolution at a general meeting (section 74) | 3/4 | Resolution and sketch plan filed at the Land Title Office |
A section 74 resolution must be filed with a sketch plan that defines the area and specifies each strata lot entitled to use it. It has no effect until filed.
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How it is removed
- LCP created by a 3/4 vote resolution can be removed by another 3/4 vote resolution, filed at the Land Title Office (section 75).
- LCP created by the developer on the plan, or by plan amendment, can be removed only by amending the plan under section 257, which needs a unanimous vote.
In practice, LCP shown on the original strata plan is very secure, because the owner who benefits would have to vote to give it up.
Who repairs it
The Act puts the duty on the strata corporation unless a bylaw shifts it: the strata may, by bylaw, make an owner responsible for the repair and maintenance of LCP the owner has a right to use (section 72). The Standard Bylaws do exactly that, in part.
| Standard Bylaws | Responsibility |
|---|---|
| Bylaw 2(2) | An owner who has the use of LCP must repair and maintain it, except what the strata must do |
| Bylaw 8(c)(i) | The strata does repair and maintenance that in the ordinary course occurs less often than once a year |
| Bylaw 8(c)(ii) | The strata does these no matter how often: the structure and exterior of a building, chimneys, stairs, balconies and other things attached to the exterior, exterior doors, windows and skylights, and fences and railings enclosing patios, balconies and yards |
So on a balcony, the owner sweeps, clears the drain and washes the surface. The strata repairs the membrane, the structure and the railing. Your strata's own bylaws may differ. See who repairs what.
Who pays
- Operating expenses that relate to and benefit only LCP are shared only by the owners of the strata lots entitled to use it, by unit entitlement among those lots (Regulation 6.4).
- Contingency reserve and special levy expenses for LCP are generally shared by all owners by unit entitlement, unless the owners agree otherwise by the required vote.
A gardener who maintains only the townhouse yards is an operating cost for the townhouse owners. Rebuilding their decks every thirty years is usually a cost for everyone.
Altering LCP
LCP is common property, so an owner must obtain the strata's written approval before altering it (Standard Bylaw 6): enclosing a balcony, installing a heat pump, building a deck or pergola, changing the patio surface. The strata may require the owner to agree in writing to take responsibility for expenses relating to the alteration, and those agreements are disclosed on the Information Certificate (Form B). If the change is a significant change in the use or appearance of common property, the owners' 3/4 vote may also be needed (section 71). See renovation approval.
LCP versus exclusive use permission
| Limited common property | Section 76 permission | |
|---|---|---|
| Created by | Plan, plan amendment or 3/4 resolution, filed | Council decision |
| Duration | Indefinite | Up to one year, renewable |
| Ends by | The Act's removal process | Reasonable notice |
| Passes on sale | Yes | No |
| Shown at the Land Title Office | Yes | No |
A parking stall "assigned" by council is a section 76 permission. See parking and storage rules.
Bylaws and access
Bylaws and rules apply to LCP: barbecues, storage, planters, hot tubs, smoking, appearance. Owners must allow the strata reasonable access to LCP to carry out its duties (section 77), for example to inspect a balcony membrane.
Finding out what is LCP
Check the registered strata plan and any later filings on the common property record. Do not rely on a fence line or what a previous owner said. See how to read a strata plan.
Questions councils and owners ask
Is my balcony limited common property?
Usually, but only the strata plan can confirm it. Some balconies are part of the strata lot and some are ordinary common property.
Who repairs limited common property in BC?
Under the Standard Bylaws, the owner does routine upkeep and the strata does repairs that occur less often than once a year and all structural and exterior items.
Can the strata take away my limited common property?
Only by the process that created it: a 3/4 vote if it was designated by resolution, or a unanimous plan amendment if it is on the strata plan.
Can I renovate my patio or balcony?
You need the strata's written approval before altering limited common property.
Does limited common property transfer when I sell?
Yes. The right to use it goes with the strata lot.
Designations and approvals must be on the record
LCP decisions bind future owners. StrataMinutes prepares minutes that record each resolution and approval precisely.
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This page is general information for BC strata corporations, not legal advice. Your strata's own filed bylaws may differ from the Standard Bylaws. See the current text of the Strata Property Act and the Strata Property Regulation on BC Laws.
Related guides
Common Property
Parking and Storage Rules
Repair Responsibility
Renovation Approval
Reading a Strata Plan
The 3/4 Vote