A BC strata faced the music in a Civil Resolution Tribunal dispute against a pair of owners who paid for thousands in repairs it felt was the strata’s responsibility.
Ka Au and Bianca Chui own separate strata lots at the BC high-rise in question.
They told the tribunal that the fan coil units (FCU) are common property, meaning that the strata should be responsible for their repair and maintenance.
Au and Chui claimed $4,824.75 and $6,819.75 for reimbursement for repairs they paid for. In defence, the strata said the FCUs are not common property and denied responsibility for repairs.
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Both Au and Chui’s units are located on the 12th floor of a high-rise.
The strata provided a disclosure statement to the tribunal stating that the strata lot owners (Au and Chui) are responsible for FCU repair, maintenance, and electricity, which the tribunal addresses later.
On July 12, 2022, Au reported a thermostat malfunction to the strata manager. When a repair company responded to the issue, the heating, ventilation, and AC for the entire 12th floor were shut down.
A short-term repair temporarily enabled heating and cooling in all the other units on the 12th floor.
Nearly two weeks later, the strata contacted both applicants, telling them they had to order replacement FCUs at their own expense.
Au paid $4,194.75 for the FCU and $630 to repair the drywall, and Chui paid $5,244.75 for a replacement FCU and $1,575 for the drywall.
Au and Chui argued that the FCUs were not common property because their failure resulted in a complete shutdown of the 12th floor. This differs from how FCUs work in other buildings, where they are independent of the rest of the building.
“I acknowledge that the disclosure statement can be relied upon for the developer’s intentions. In Baker, the court relied on the Disclosure Statement to resolve an error in the strata plan with respect to a wall’s common property designation. However, a developer’s intentions cannot override the SPA definition of common property,” the tribunal said.
“The FCUs were not installed in such a way that the FCUs are independent,” it added.
The tribunal found that the BC strata was responsible for all costs relating to the repairs. Within 30 days of the decision, the strata was ordered to pay Au $5,246.78 and Chui $7,370.11.
This decision was posted publicly, and you can find the full case here.