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Condo Smarts: Many good reasons for strata to control repairs

Dear Tony: Our townhouse complex is 23 years old. We have 67 homes, and our development was constructed in four phases. We are now experiencing some problems with plumbing and venting.
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Tony Gioventu is the executive director of the Condominium Home Owners Association of B.C.

Dear Tony: Our townhouse complex is 23 years old. We have 67 homes, and our development was constructed in four phases. We are now experiencing some problems with plumbing and venting. We are not sure who is responsible for the services because we think we have multiple variations of property use.

Our plumbing is self contained in each strata lot. In some phases we have crawl spaces with the plumbing located in the crawl spaces, which are identified as common property, but in other units the plumbing is laid in the poured concrete slabs. Some plumbing is copper and the remainder is polybutylene.

Some units have gas furnaces with the ducting located in the slabs, and some units have electric base board heating. We also have dryer vents located in most units through the floor slabs and the crawl spaces.

How do we establish who is responsible for the repair of the plumbing and the ducts when some configurations are clearly in the strata lots and others are located in common property?

Jeannette P., Delta

Dear Jeanette: Identifying who is responsible for the pipes, wires and ducts is first a matter of interpretation. The strata corporation’s registered strata plan and the registered bylaws will have to be closely reviewed. Common property, by definition, includes pipes, wires and ducts that are located between a strata lot and another strata lot, between a strata lot and common property, a strata lot or common property and another parcel of land, or wholly or partially within a strata if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or common property.

It is not always easy to understood who is responsible for the pipes, wires and ducts in a townhouse complex. It is possible that a crawl space or basement area is designated as common property, or is not part of the strata lot and is therefore common property and the resulting services are the responsibility of the strata corporation.

However, what may be the most likely answer may not be the easiest solution for the strata corporation.

A good example of this is the water pipes in some variations of townhouses. While they may be solely contained within the strata lot and the responsibility of each owner, it is still much less expensive if all of the townhouses are completed at the same time with a single contractor.

If not, the strata corporation has limited control over the strata lots that refuse to upgrade their plumbing and continue to expose the other owners to ongoing insurance claims and increased premiums and deductible costs.

Strata corporations may take responsibility for the maintenance and repair of a portion of a strata lot, which requires an amended bylaw. This could enable the townhouse strata corporation to administer such a project. A successful maintenance and renewal program in townhouse complexes requires the co-operation of the owners, an easily understood set of enforceable bylaws, and a long-term funding program.

There are thousands of townhouse complexes in B.C., and no two are alike. If you are in doubt about who is responsible for the pipes, wires and ducts, review all of your registered documents first.

Jeanette’s strata is seeking a legal opinion on the application of its bylaws and the configuration of the strata plan to determine the strata obligations, how to ensure all areas are maintained and renewed, and perhaps consider some bylaw amendments to ensure a level of fairness among all owners.

 

Tony Gioventu is executive director of the Condominium Home Owners’ Association. Send questions to him by email tony@choa.bc.catony@choa.bc.ca. The association’s website is choa.bc.ca.