Few legal situations carry quite the same mix of confusion, conflict and financial uncertainty as a construction dispute on strata common property.
First, What Exactly Is “Common Property” — and Why Does It Matter?
Common property refers to all portions of the land and building that are not part of a strata lot — the individual units owned by residents. This typically includes hallways, lobbies, parking structures, elevators, roofs, exterior walls, plumbing systems that serve multiple units, and landscaped grounds, among other shared areas.
When a renovation project affects only an individual strata lot, the dispute is generally between that owner and their contractor. But when the work touches common property — or when a construction defect in common property begins to affect individual units — the strata corporation itself enters the picture as a legal entity with rights, obligations and real exposure.
Imagine a scenario where a contractor hired to repair a building’s exterior envelope causes water infiltration that damages multiple units. Who is responsible? Who has standing to make a legal claim? Who can sign off on a settlement? These questions don’t have simple answers, and that complexity is precisely why disputes involving common property require a fundamentally different approach than ordinary construction conflicts.
The Dual Responsibility Problem: Collective Entity, Individual Interests
One of the most underappreciated challenges facing strata councils in construction disputes is the tension built into their very role. A strata corporation is a collective legal entity — it acts on behalf of all owners as a whole. And yet, within that collective, individual owners have their own interests, their own levels of financial tolerance and their own opinions about how aggressively a dispute should be pursued.
The Strata Corporation’s Legal Rights — and Obligations — When Common Property Is Involved
Under the Strata Property Act, a strata corporation has both the right and the responsibility to take legal action or defend against when disputes involve common property. This means that if a contractor has performed defective work on common property, the strata corporation is typically the entity that must bring the claim. Conversely, if a contractor or subcontractor files a lien or lawsuit related to work performed on common property, the strata corporation is generally the one named as a party to that proceeding.
For strata councils, this reality carries real consequences. Failing to respond properly to a builder’s lien can result in financial liability. And navigating any of this without proper legal guidance can expose the corporation and every unit owner to unnecessary risk.
Before You Take Any Action: Review Your Bylaws and Depreciation Report
Before a strata corporation moves forward with any legal claim or formal response to a dispute, two documents deserve careful attention: the strata’s bylaws and its depreciation report.
Bylaws govern the internal rules of the strata corporation, including how decisions are made, what approvals are required for renovations and how financial contributions are managed. In a construction dispute, bylaws can determine whether the council had authority to approve a project in the first place, whether proper procedures were followed and how any settlement funds or legal costs will be allocated among owners.
The depreciation report — a long-term financial planning document that assesses the condition and projected replacement costs of common property. It establishes a documented baseline of the property’s condition at a given point in time, which can be critical in disputes where a contractor claims that pre-existing issues, not their work, caused the damage in question.
Reviewing these documents before making any formal legal moves isn’t just good housekeeping. It’s strategic groundwork that can meaningfully shape the outcome of a dispute.
Negotiation and Mediation: The Resolution Paths That Often Go Overlooked
When a strata corporation is facing a construction dispute, the instinct can be to think in binary terms — either absorb the loss or go to court. In reality, the vast majority of construction disputes involving strata common property are resolved through negotiation, mediation before any courtroom proceedings begin.
Early legal consultation creates the conditions for these resolutions. Where a litigation lawyer experienced in strata construction matters can assess the strength of a corporation’s position, identify the most appropriate resolution pathway and engage with the opposing party from a position of knowledge and preparation. This approach typically yields faster outcomes, lower legal costs, and far less disruption to the community than extended litigation.
Mediation, in particular, offers strata corporations something that court proceedings rarely can: flexibility. Rather than having an outcome imposed by a judge, mediation allows both parties to negotiate a resolution that reflects their actual priorities. For a strata corporation, that might mean repairs rather than cash settlements, or a phased resolution that accommodates the financial realities of the building’s reserve fund.
Complexity in Strata Disputes Demands Early Intervention of Legal Expertise
There is a reason that experienced strata councils and property managers reach for legal counsel early in a construction dispute rather than late: because the intersection of strata law and construction litigation in BC is genuinely complex terrain and the cost of navigating it without guidance tends to be risky.
At Hoogbruin & Company, we understand that when a strata corporation comes to us during a construction dispute, they are not just looking for legal answers. They are looking for steadiness — for someone who can cut through the noise, explain what is at stake and have a plan that protects both the corporation’s financial interests and its community’s wellbeing. That is precisely the counsel we are committed to providing.
Contact Our Litigation Lawyer in Vancouver for Construction Disputes on Common Property
Whether your strata are dealing with a defective renovation or a long-running dispute about responsibility for damage to common property, the right time to speak with our litigation lawyer is before the situation escalates further. Our experienced strata litigation lawyer in Vancouver advocates you if your building is dealing with a construction or renovation dispute involving common property or if you’ve received notice of a builder’s lien.
Book your consultation with us today for your case evaluation the earlier we can assess your situation; the more options we can preserve for you.