A BC strata corporation decided to pursue legal action against homeowners in a building after a resident hit a column in the carport, causing damage.
According to the BC Civil Resolution Tribunal, the damage was valued at $11,070.98.
In response, the homeowners said that they didn’t deny the incident happened, but it said that ICBC was required to pay for the repair costs and that the strata should’ve directed its concerns to the insurance agency.
For the following reasons, the tribunal sided with the strata corporation.
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On July 22, 2021, a resident of the homeowner’s unit hit a carport column adjacent to the unit. On August 9, 2021, the strata sent the homeowners a letter that notified them of a potential bylaw violation due to the damage.
In the letter, the strata advised the homeowners to contact ICBC and start an insurance claim. They also informed them of the opportunity to dispute the complaint at the building’s next council meeting.
The tribunal’s decision notes no evidence that the respondents disputed the complaint.
To repair the damage, the strata hired Rockport Property Service and another consulting firm. The repairs were completed in November 2021. It wasn’t until February 2022 that the strata informed the homeowners that it was charging them $11,070.98 for the repairs.
The tribunal had to determine whether the homeowners were required to reimburse the strata and whether the strata treated the homeowners unfairly in filing this claim against them.
The homeowners did contact ICBC, and according to them, ICBC said that the strata had to start a claim with ICBC.
“Despite ICBC’s advice to the respondents, I find there is no principle that requires the strata to pursue its damage claim through ICBC rather than directly with the respondents,” the tribunal said.
The tribunal also found that the homeowners were not treated unfairly regarding how the strata decided to pursue this claim against them.
Ultimately, the BC Civil Resolution Tribunal ordered the homeowners to pay the strata $12,496.71 within 30 days of the decision. That included $11,070.98 for the repairs and the rest in tribunal fees.