Failure to Repair and Maintain

In a new decision from the CRT, the CRT was asked to determine whether the Strata Corporation had failed to repair and maintain the common property surrounding strata lot 7: Chapel v The Owners, VIS 1517, 2017 CRTBC 5.

The strata corporation was a twenty unit strata corporation with one strata lot that had been constructed before the strata corporation existed and which building was 100 years old: strata lot 7. The exterior of strata lot 7 required substantial repairs, similar to repairs that had been completed recently for other strata lots. Strata lot 7 required new paint, repairs to the stairs leading to its deck, repairs to the perimeter drainage system, and replacement of the rotting soffits.

The strata corporation was of the position that the porch was the responsibility of the owner, the owner should have done more to bring council's attention to the soffits and paint, and the perimeter drains could wait until new water ingress into strata lot 7 or the year 2026.

The CRT found that:
  1. The soffits and exterior paint were the responsibility of the strata corporation;
  2. The perimeter water drain system was common property; and
  3. Although the deck was part of the strata lot, it was part of the exterior of the strata lot and the strata corporation's bylaws made the strata corporation responsible. 
As a result, the CRT also found that the strata corporation had failed to repair the items and several special levies were ordered as the owner was able to provide estimates of the needed repair work. The owner was still required to contribute to the special levies, but the strata corporation was required to raise approximately $60,000 in special levies and was ordered to complete the repair work. The owner was also reimbursed his CRT filing fees for his success at the CRT. 

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