Residents charged for water damage win costly case against BC strata

Residents at a housing complex won a costly case against their strata in BC after a water leak caused significant damage.

At a BC Civil Resolution Tribunal hearing, applicants William Mok and Jodie Chan faced off against the respondent, Strata Plan BCS 3495.

On May 12, 2022, an overflow from the resident’s unit caused significant damage to the strata’s exercise room, located directly below it.

The applicants argued that the strata’s negligence in maintaining common property drain lines led to the damage. They claimed $10,495.04 in damages for lost rental income, electricity expenses, and restoration costs. Both applicants also said they shouldn’t be responsible for the $8,368.97 the strata charged them for emergency repair expenses.

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In response to the claims by the applicants, the strata denied being negligent in maintaining the drain pipes based on its bylaws. The tribunal disagreed.

According to the tribunal’s decision, the applicants purchased their unit just two weeks before this water event occurred. On that fateful evening of May 12, 2022, the applicants discovered that the unit was flooded because the kitchen sink had overflowed.

The applicants hired Xpert Mechanical to help them, and the experts discovered that blockages in the main were “very difficult to get through.”

Grease and oil buildup were discovered deep into the primary drainpipe.

Based on photographs provided to the tribunal, it was discovered that because the main drainpipe was located in the interior wall and servicing other strata lots above, it was deemed common property, which falls under the strata’s jurisdiction and responsibility.

The strata had a contract with Cobing, which would provide system cleaning and maintenance once in a three-year term. Mok, who did his due diligence and researched the strata in question, found documents suggesting cleaning and maintenance needed to be done every six months to a year, essentially proving the strata’s negligence.

The tribunal determined that the strata knew more frequent drainpipe cleaning was required since at least 2018.

Ultimately, the strata lost big time. It was forced to remove the charge back of $8,368.97 and also ordered to pay the applicants $10,972.90, which included $7,700 for lost income, $2,559.72 for repair costs, and the rest in tribunal fees.