Tony Gioventu
Province
Dear Condo Smarts: What does the strata corporation do when an owner refuses to repair damage to their townhouse? We have one owner who recently backed up into his unit and broke off the water tap and tore off a section of siding. He is refusing to fix the damage, and with winter approaching we’re concerned that the damage to the siding and the plumbing could make matters much worse.
— AC, Mission
Dear AC: There’s a line that sums up strata living for all types of strata buildings shown on the strata plan. “In a strata, your home is not your castle.”
The walls, windows, doors, decks, balconies and roofing systems are all part of the common assets and they form part of the insurable interests of the strata corporation.
When someone causes building damage in such an accident, it is quite possible that this would be a claim on your strata corporation insurance.
The most common mistake many strata corporations make is assuming that because damage to the common building assets was caused by a particular person, the strata insurance would not cover the claim or the home-owner insurance would cover such a claim. As the area damaged is common property and a common asset, the strata corporation can execute the claim to ensure the damage is remedied. They may also execute the repairs themselves and then recover the cost of those repairs against the person who caused the damages.
Owners, tenants and guests need to beware. No matter what was damaged, if you caused or are responsible for the claim or associated costs to the strata corporation, you may likely be responsible for the cost of the deductible. For the best interest of the strata corporation, it is also best for the strata to co-ordinate the claims to ensure the repairs are executed properly and you’re not left with a disaster years down the road.
A very common building damage complaint we receive relates to damage to parkade gates. Drivers are often impatient for the gate to entirely life or careless in passage and run into gates. So who pays? The strata executes the repairs and recovers the costs from the owner or relating strata lot that caused the damages. Remember: you break it, the strata probably fixes it, but you still pay.
Tony Gioventu is executive director of the Condominium Home Owners’ Association.
Email: [email protected]
© The Vancouver Province 2008
