Dear Tony: Our strata has discovered a ventilation problem in which the bathroom fans were not connected and simply blew into a wall cavity between two rooms in our townhouse complex.
We have corrected the problem by having a contractor complete the venting through common property to the exterior, but several units that did not have the connections have a significant amount of moisture damage and mould. The owners are insisting the strata pay the bill and we have had advice that we are not responsible. How do we solve this conflict?
Fran L., Kelowna
The issue of damage to a strata lot is a major struggle for every council. There is no simple answer because every strata, its bylaws and its strata plans are different. However, there are a few indicators that will help to resolve the issue.
In most strata corporations, and under the standard bylaws of the act, an owner is responsible to maintain and repair his or her strata lot. This includes damages that occur for an insurable claim if the amount of the claim is below the deductible.
A typical scenario is that the upstairs owner has had a toilet overflow, and the ceiling below has watermarks. The owner of the strata lot below is responsible for the repairs to his or her ceiling area. This is one of the many reasons why homeowners should carry their own strata lot insurance to cover these types of damages.
It becomes more complicated when the strata corporation neglects its duty to maintain and repair common property, resulting in damages to a strata lot.
A good example is when a roof is leaking and the strata refuses to replace the roof and continues to patch it.
Eventually, the roof leaks cause damage to a strata lot, and while the owner is still responsible for repairs to the strata lot, he or she may sue the strata or consider an action in the Civil Resolution Tribunal to recover the cost of the damages. If the strata is not negligent, and the matter is purely an unknown defect, it is much more difficult to hold the strata liable, since it had no knowledge of the problem and, therefore, could not take action.
The other part of this issue goes to the very heart of the authority of a strata council.
Unless a strata corporation has a bylaw for the strata to take responsibility for the maintenance and repair of a strata lot or part of a strata lot, or there is a judgment or order, or — in the case of major repairs — the owners have passed a three-quarter vote resolution, the strata does not have the authority to spend the strata corporation’s money on repairs to a strata lot.
With the introduction of the tribunal, it is now feasible for owners to make an application for the damages. If the strata is responsible, the order will include compensation or repairs and give the council the authority it needs to spend the money.
Strata corporations are volunteers and manage the business of their communities. We are all sympathetic to owners when their strata lots are damaged, but without an appropriate bylaw, order for repairs or settlement for costs, the strata corporation is not obliged to repair or maintain a strata lot or pay for the costs.
Tony Gioventu is executive director of the Condominium Home Owners Association.
