A BC strata had to pay an investment firm thousands of dollars after the firm proved that the strata acted negligently when it came to building maintenance and repairs.
Delcon Investments, the applicant in the case, owned strata unit 1301. It claimed that the strata acted negligently and “in a significantly unfair manner,” failing to repair and maintain common property like doors, windows, and balconies — including the balcony of unit 1402 located above unit 1301, the source of most of the problems.
Delcon claimed that the strata’s actions, or inactions, caused water ingress and mould in 1301.
Among its claims, Delcon asked the BC Civil Resolution Tribunal for $225,031 in expenses it paid to correct the ingress and mould issues.
In response to the claims against it, the strata denied negligence or that it mistreated Delcon and suggested that the owner of 1402 should’ve been responsible for any damage caused at 1301.
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Delcon purchased 1301 in September 2020, and the main issues in 1301 stem from an enclosure on the balcony of unit 1402. The tribunal was trying to determine if the enclosure was common property or the responsibility of the owner of the unit where the enclosure was.
A 2018 report from an engineering organization highlighted several issues with unit 1402. It suggested replacing the window frames and glass by 2023. It also suggested repairs to failed or “improperly installed caulking” around the windows.
“It stated the repairs should be completed before September 2021 to mitigate the risk of further water damage occurring in 1301 during the winter months.”
There were many discussions at strata meetings about the enclosure between 2021 and 2023, and other emergency leak incidents occurred during that time.
The enclosure was leaking into unit 1301 and desperately needed to be repaired. It was later determined that a balcony membrane under the enclosure that needed to be repaired was the source of the leaks. The tribunal eventually decided that the enclosure was indeed common property and the responsibility of the strata.
However, the action required wasn’t taken in a timely manner.
Ultimately, the tribunal found that the BC strata didn’t fulfill its duty to maintain the building.
“I find the strata was negligent in its repair of the 1402 balcony, including not removing the 1402 balcony enclosure.”
Delcon walked away with $8,719.72, which included $8,247.10 in engineering fees it paid.
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