In a BC Civil Resolution Tribunal dispute, a homeowner blamed her strata for failure to address a drainage system, which she claimed led to a flood in her home.
According to the tribunal’s decision, the homeowner was asking for damages for the loss of use of her home.
In response, the strata claimed the flood was actually the homeowner’s fault.
- You might also like:
- Strata fines B.C. homeowner thousands for vacuuming and he strikes back
- Canopy tent causes legal rift between homeowner and B.C. strata
- BC homeowners say ICBC should cover carport damage in fight with strata
The homeowner purchased the property in 2019. Afterwards, she applied for permission to make some improvements to the home, including finishing the basement, which included the basement washroom.
Previously, the homeowner who last lived in the property had installed a sump pump in the basement to prevent floods. The tribunal’s decision notes that the current homeowner’s contractor removed the sump pump as part of the renovations.
“Her renovation request to the strata did not say that she would remove the sump pump. The strata says it would have asked more questions before agreeing to the renovation if it knew,” the tribunal notes.
The homeowner attempted to argue that the sump pump was installed illegally. While the tribunal agreed that its installation breached bylaws, the evidence also showed that the strata was aware of it and had no issues with it.
January 2023 marked the beginning of the problems. A drain in the homeowner’s strata lot backed up, causing her basement to flood. Top Gun, experts who came to fix the problem, suggested the strata install new cove piping outside the home. The total cost of the work would have been around $30,000. The strata decided not to pursue that fix.
More flooding occurred throughout 2023, particularly in February and March.
In a strata meeting, the homeowner suggested that the strata install the new cove piping as recommended by Top Gun. In response, a letter from the strata dated April 2023 suggested that she reinstall the sump pump. The strata never got a response to the letter and assumed that the sump pump had been installed.
The homeowner’s property flooded again in October, November, December 2023, and January 2024. A plumber who dealt with the problem after the January flood event said a sump pump wouldn’t solve the problem.
At some point, Top Gun cleared the strata’s drains, and there have been no reports of flooding since.
The homeowner requested thousands of dollars in damages for the damage that occurred to her property. Still, the tribunal ruled, “There is no evidence that the strata acted unreasonably in maintaining its drainage system.”
She also claimed that the strata acted unfairly, but the tribunal wasn’t convinced that was the case.
All of the homeowner’s claims for damages were dismissed. The tribunal then turned to the strata’s claim for damages for legal costs. In coming to its decision, the tribunal referred to a previous dispute in which the homeowner “made multiple allegations of bad faith, fraud, and other blameworthy conduct that were not proven on the evidence.”
“I am not persuaded that [the homeowner] should receive the benefit of the doubt a second time,” the tribunal declared in a stern rebuke of the homeowner.
The strata claimed $10,000 for legal fees from the homeowner. After considering the number of hours a lawyer was retained and the work performed, the tribunal determined that $6,982.08 was a fair amount and ordered the homeowner to pay the strata that amount within 30 days of the tribunal’s decision.