Positive Covenants and the Inherent Instability of Alteration Agreements Within Condominium: <em>The Owners, Strata Plan NW 2476 v. Jensen</em>
Bibliographic record
Abstract
Positive covenants—contractual obligations to do things that touch and concern land—are not recognized as property interests at law or in equity. A positive covenant, including the requirement to maintain or repair a building, only binds the parties that contract to be bound. The obligation is personal to the contracting parties and does not run with the land; future owners are bound only if they agree to be bound. The Supreme Court of Canada confirmed as much in 2020 in a dispute between owners of air space parcels over an obligation to pay parking fees: “Where positive covenants are concerned, the general rule is that they do not run with the land.” In The Owners, Strata Plan NW 2476 v. Jensen, the British Columbia Civil Resolution Tribunal (the “CRT”) ruled that Trevor Jensen, the owner of Strata Lot 1 in a duplex-style complex with nine buildings and seventeen strata lots, was responsible for the cost of replacing two skylights that a former owner had installed in the roof under an alteration agreement with the strata corporation. The strata corporation’s bylaws allowed alteration agreements to permit such modifications to common property (including the roofs of strata lots), but only if the owner agreed “to take responsibility for any costs relating to the alteration as well as the future repair and maintenance”. In this instance, the former owner had agreed to assume future costs associated with the skylights, and thus to indemnify the strata corporation. Moreover, the alteration agreement purported to bind the owner’s “heirs, successors and assigns”, i.e., future owners, to costs associated with the alteration in the common property.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.018 | 0.038 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.021 | 0.025 |
| Scholarly communication | 0.016 | 0.009 |
| Open science | 0.003 | 0.007 |
| Research integrity | 0.013 | 0.016 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".