Requesting a legal opinion as to: The concept that the Strata Corp is responsible only for repair of structural damage,

Customer: Requesting a legal opinion as to:
The concept that the Strata Corp is responsible only for repair of structural damage, and not for the upgrade of the brick facade;The Strata Unit #1 at 1998 Ogden was purchased November 2020. The new owners recently gutted the Unit and in the process the contractor discovered “significant water damage.” See attached Building Envelope Report by SE Engineering Ltd.The SE engineer attributes the water damage to porous brick resulting from the unfired inner surface of bricks that were cut in half. The plywood on the north face is clearly water damaged as are some of the structural studs.About 25 years ago, there was similar water damage to the adjacent Unit #2 at 1998 Ogden, with structural damage to the post holding the beam that supports the upper floor, as well as to the plywood. The damage was attributed to leakage from the skylight over the upper bay window.The damage was repaired, the leakage fixed and there have been no subsequent problems. An inspection panel indicates the restored plywood is dry.The contrast between water penetration at Unit 1 versus Unit 2 is striking. The building envelope engineer may not have been aware that Unit 1 was essentially uninhabited for over 10 years. The owner lived abroad and returned for a maximum of two or 3 weeks each year. The water penetration may be due to to the lack of ventilation throughout the balance of each the year.The SEE report recommends removal of the brick, and a complete rebuild of the exterior, and the roof according to current building code and practices.While the British Columbia Strata Property Act clearly states it is the duty of the Strata to repair structure, it does not obligate the Strata to fund updates to current building code and practices.With respect to the roof, there is at present, no structural damage.The contractor will be asked to provide a cost estimate for internal replacement of the damaged studs and plywood, as well as for the application of the recommended mold inhibiting product.Since the Strata will be paying for the repairs, the Strata Corp reserves the right to request a repair quotation from another builder.As the exterior walls and roof are “common property,” if the owners decide to proceed with the destruction and rebuild, the Strata Council will need to authorize same at the owner’s expense.The contractor will have to provide a cost estimate for this anticipated work, and the owner will have to provide an indemnity, perhaps as an escrow bank account to ensure that the Strata Corp is not burdened if the contractor cannot complete the work, or if the owner runs out of funds.Could you please provide a legal opinion as to the validity of the forgoing.Thanks,Richard Dunn
Manager, Strata VR 2686(###) ###-####**@******.***
JA: Have they talked to a British Columbia lawyer about this?
Customer: Where are you?
JA: The Lawyer will be able to walk you through that. What steps have they taken so far?
Customer: Yes, but the BC Lawyer is on Christmas vacation until January 4th
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: You should prbably have the Engineer's report, but I see no means to attach same.