The Civil Resolution Tribunal has ordered the strata to split the $15,000 cost of replacing a fence and retaining wall beside one owner's home.
A Burnaby duplex owner will have to foot half the cost of the next-door neighbour's new fence and retaining wall, according to the province's Civil Resolution Tribunal.
It also said the second duplex owner receives no benefit from the retaining wall and fence and doesn’t access that part of the property. Both owners are strata council members, which means both must agree before the strata can do or decide anything, Cambrey said. In the end, Cambrey sided with Bhide, ruling that the fence and retaining wall were limited common property and that the strata is responsible for repairing and maintaining limited common property under the Strata Property Act because it has not passed its own bylaw making owners responsible for limited common property.
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