Leak in condo

[Hondaracer]

in the end, if it doesnt work out, just make sure you find a reputable drywall company and the repair shouldnt be too bad

[all4one4u]

Originally Posted by Ikkaku

https://www.cwilson.com/services/18-...rporation.html

This is a decent source regarding bylaws and issues like these.

Unfortunately eff-1 is correct and the bylaws do state the strata lot damage is the responsibility of the owner.

Unless your building has its own amendments that state otherwise, you may be SOL.

I also saw that same article. But the situations from the article are not entirely the same as mine. It was the rain water that penetrated the exterior wall and pooled over my ceiling. I am also not sure what is the proper legal definition of the strata lot and common property. Does strata lot include the ceiling and insulation? Of course I am going to seek legal advise on that. But just want to see if there are others out there who also experienced something similar.

[all4one4u]

Originally Posted by Hondaracer

in the end, if it doesnt work out, just make sure you find a reputable drywall company and the repair shouldnt be too bad

The strata did get a quote for me. And it came back as a whooping $3200 charge for an approximately 5x5 ceiling plus insulation. Probably another topic for another time...

[all4one4u]

Well looks like I am SOL this time . Can someone PM me any reputable drywall company/contractors that can help me out. Thanks in advance!

[Hondaracer]

Check out atlas drywall.

I don't have a contact unfortunately as I'm not allowed contractually to give them out but they are always honest and reliable.

Good luck

[Nssan]

Originally Posted by all4one4u

The strata did get a quote for me. And it came back as a whooping $3200 charge for an approximately 5x5 ceiling plus insulation. Probably another topic for another time...

not sure what you asking by making this thread..

you don't sound frustrated or disappointed..

If you are ok with paying then thats fine. But if it is something you think you shouldn't be paying by principle then, stand by your rights and fight.

[meowjinboo]

haha what building is this? I think my company got called out for a buildings exterior envelope failing and leaking through every unit.

[6o4__boi]

Originally Posted by all4one4u

I also saw that same article. But the situations from the article are not entirely the same as mine. It was the rain water that penetrated the exterior wall and pooled over my ceiling. I am also not sure what is the proper legal definition of the strata lot and common property. Does strata lot include the ceiling and insulation? Of course I am going to seek legal advise on that. But just want to see if there are others out there who also experienced something similar.

isn't exterior wall strata responsibility?
afaik, anything on the outside of your unit is strata's responsibility

Division 2 — Powers and Duties of Strata Corporation

Repair and maintenance of property by strata corporation
8 The strata corporation must repair and maintain all of the following:

(a) common assets of the strata corporation;
(b) common property that has not been designated as limited common property;
(c) limited common property, but the duty to repair and maintain it is restricted to
(i) repair and maintenance that in the ordinary course of events occurs less often than once a year, and
(ii) the following, no matter how often the repair or maintenance ordinarily occurs:
(A) the structure of a building;
(B) the exterior of a building;

Strata Property Act


if the exterior wall was penetrated, then that represents a clear failure of the strata to maintain their duties
that failure to maintain resulted in them having to come up to your unit to cut your ceiling to fix something that was caused by something external
so Strata pays

i dunno if its just me but it's pretty clear cut...your strata is a bunch of dumb fuck brains in this

Originally Posted by Eff-1

according to the standard strata bylaws, any damages caused inside the unit, like water damaged ceilings, carpet replacments, etc (even though it was from the leak in the building envelope) are still the owner's responsibility. the location of the source of the leak doesn't matter.

it's stupid, but that's the way it is.

i'm curious about this
where is your source for this?
i'd want it for future reference...i couldn't find it in the strata property act (used, "repair", and "damage" as keywords)

[Ikkaku]

Afaik strata is responsible for the repair of anything outside of said strata lot. They will be fixing the outside wall and the ingress, but the ceiling itself may be considered part of the strata lot, hence the owner paying it.

Surprised we don't have any property managers or lawyers here chipping in.

[yray]

Just make a thread on reddit vancouver page.

[melloman]

Originally Posted by all4one4u

Hey guys, first off, I am not looking for legal advice I just wanted to see if anyone else has had experience similar to mine and won't mind sharing.

1. Leak in condo--strata sent people to cut a hole in my ceiling to find cause
2. Report found leak caused by exterior leak (improper installation of ingress)
3. Strata fixes the exterior leak
4. Strata does not want to pay to repair my ceiling

Question is, who is suppose to pay to fix my ceiling??

Thanks guys, any help is appreciated!

So the strata sent people into your unit to investigate, then cut a hole in your ceiling to diagnose the problem, and now will not repair the hole which they approved to make.

Eff-1 is correct, that it is the responsibility of the owner to handle repairs in his/her own unit. Yet the strata directed someone to cut a hole in your ceiling, any sane person would think they are on the hook to pay to fix their decision.

I would pay the bill, then take the strata to small claims court to recoup my costs. I can't see a judge awarding a win to the strata after he hears how this was handled.

[The_AK]

in old country you'd get beaten with sack of potatoes for this type of behaviour (both OP's and Strata)

[Eff-1]

OP said the leak caused water to pool on top of his ceiling. The argument most likely will be either:

1) The hole was necessary to be cut to investigate the leak, otherwise if not for that, his unit would have absolutely nothing to do with this (in which case OP shouldn't be responsible for repairs)

2) Because there was water pooled on top of the ceiling, the ceiling was considered water-damaged and therefore the repairs are the OP's responsibility.

Before going to small claims court, i'd contact your home insurance broker and see what they say. This may not be sizable enough for you to start a claim, but if your insurance company is of the opinion the strata is wrong, then small claims could be a a good idea.

You can also contact the Condominium Home Owners Assocation of BC. They have strata experts you can talk to. If your strata is a member of CHOA (most of them are), then you can contact one of their advisors for free and explain the situation and see what they think.

CHOA

[Eff-1]

Originally Posted by 6o4__boi

if the exterior wall was penetrated, then that represents a clear failure of the strata to maintain their duties



i'm curious about this
where is your source for this?
i'd want it for future reference...i couldn't find it in the strata property act (used, "repair", and "damage" as keywords)

You're assuming the strata was negligent. You'd have to prove that. For example, the strata knew for a couple years the wall was leaking/had issues and chose not to do anything about it. Because the wall sprung a leak, doesn't suddenly mean the leak was the strata's fault and they failed to do anything. It could be caused by a number of things.

The strata act says:

i] Standard Bylaws 2 and 8 of the Strata Property Act state:

2
(1) An owner must repair and maintain the owner’s Strata Lot, except for repair and maintenance that is the responsibility of the Strata Corporation under these bylaws.

The ceiling is considered part of the Owner's Strata Lot.

[6o4__boi]

Yes...but if you read subsection 1 it also says "...except for repair and maintenance that is the responsibility of the Strata Corp under these bylaws."

fixing the leaking exterior wall via that Strata lot's ceiling falls under that.

[Eff-1]

Like I said before, if the strata needed to cut a hole into the ceiling in order to access and fix an exterior wall leak that had nothing otherwise to do with the owner's unit, then the strata should be the one to fix the hole.

But the OP said the leak had pooled water on top of his ceiling, which I assume the water had damaged the ceiling drywall. Therefore the strata is saying the ceiling repairs are the responsibility of the owner (even though the strata cut a hole into it). So I guess technically you could argue the owner is responsible for paying to replace the water damage and the strata is responsible for paying to fix the hole, but it's like most strata situations where both parties point the finger at each other and ultimately only a judge can make the final call depending on his/her interpretation of the act.

[6o4__boi]

yeah...lol definitely interested in how this ends