Dear Tony: My strata corporation cannot pass a special levy to approve our roof replacement. We are six townhouse buildings in the Fraser Valley, with six units in each building. We have had several leaks in the past two years, and every time our unit has been damaged.
We have now replaced our hardwood floors, kitchen cabinets and repaired the drywall ceilings several times. Our insurance will no longer cover any claims until the roof is replaced. Is there a mechanism we can use to force the repairs?
Bernice W.
A fundamental provision of the Strata Property Act is that corporations must maintain and repair common property. With the exception of Bare Land Strata, building exteriors are common property and must be maintained by the corporation. After three separate meetings and failed resolutions for a special levy, it’s time to take action.
While strata corporations are not generally responsible for betterments and repairs to strata lots under the strata insurance deductible, damages due to failure to maintain and repair may be recoverable by an owner. The Act gives a few provisions to move the repairs forward.
Owner(s) may to apply to the supreme court of B.C. to appoint an administrator and order the repairs and the levy. The appointment is a cost shared by all owners. If the strata fails to pass a 3/4 vote at a general meeting, but more than half of the owners vote in favour, the council may proceed with an application to the courts to order the levy and the repairs. This is a common order.
Unfortunately, when repairs are deferred for roofing, plumbing replacement, elevators, decks, balconies and exterior failures, it may result in substantial cost increases of 25-50% plus court and legal costs, damages to strata lots, homeowner disruptions, and loss of property value. I always advise strata corporations to make decisions to be proactive, stay out of the courts, and stop wasting time and money on delayed repairs.
Tony Gioventu is executive director of the Condominium Home Owners Association.
