B.C.’s Civil Resolution Tribunal July 13 ordered a Vancouver strata to pay a unit owner $12,794 in damages and to investigate a water problem.
Cheng Shiu-Chu Wu owns a strata lot that’s had water ingress issues for nearly 20 years, tribunal member Kristin Gardner said in her decision.
Gardner said the strata said it has attempted to investigate and repair the leaks over the years.
“This is not a case where the strata reasonably decided to make temporary or imperfect repairs that ultimately did not fix the problem,” Gardner said. “Rather, I find the strata failed to take any reasonable action in the face of ongoing water ingress from common property into Ms. Wu’s strata lot for nearly a decade.”
In about 2013, the strata ripped up parts Wu’s flooring, put several holes in the walls, and removed her air conditioning unit while investigating the leaks, but the strata never repaired that damage.
Wu said the problem persists and there remains no definite cause of the water problem found.
She asked Gardner to order the strata to fix the issue; replace balcony tiles, repair interior walls, replace laminate flooring, and re-install the AC unit. Wu claimed $15,000 in damages for loss of use and enjoyment of the main bedroom, plus $54,000 in damages for loss of use and enjoyment of a second bedroom.
Further, Wu said a strata contractor cut open interior walls to investigate unrelated water leakage from another strata lot. She said the contractor never repaired the bathroom wall damage, meaning further work for which she paid $700.
Wu’s son said the guest bedroom was unlivable and that his mother had suffered health issues from breathing exposed mould in the walls.
“I find the almost complete lack of flooring in the secondary bedroom made it essentially unusable as a comfortable or enjoyable living space,” Gardner said.
In reply, the strata said that it has reasonably investigated Wu’s complaints and hired various professionals to repair the unit over the years.
“It says the strata cannot be held responsible if the professionals it reasonably relied on failed to fix the problem,” Gardner said.
The strata noted it has recently identified building envelope deficiencies and that prioritizing Wu’s repairs would be inappropriate.
Gardner said she found the strata’s position was that the repairs were Wu’s responsibility.
“I find the strata denied responsibility for Ms. Wu’s claims,” Gardner said.
The strata said it recently hired an engineering firm to investigate the leaks but did not provide a report or any evidence about the results of the investigation.
Gardner found the strata was negligent and breached its duty under the Strata Property Act to repair and maintain the building’s exterior.
“I find the strata is responsible for repairing the damage done to investigate the leaks, and any other damage to Ms. Wu’s strata lot caused by the water ingress problem,” Gardner said.
