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

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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.
Answered by Debra in 5 mins 7 months ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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164974 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Lawyer's, Assistant
116 Lawyers are online right now.
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Customer
OK, have you received the info I sent?
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

I did read your post briefly but I cannot provide you with a legal opinion. We can only provide general legal information over this site.

So if you want to ask me a specific legal question I can happily answer.

The phone call is an excellent option. I don't take calls but I'm sure another lawyer will call you. Would you like to see if they do and continue with me online after that?


Customer
I received a text message for https://my.justanswer.cm/s/ZnAHZ I do not have a smart phone, so I am on your website, but am confused.
Customer
will I get a legal opinion, or just a general reply?
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Debra, Expert

You may get somewhat of a legal opinion over the telephone but I'm not able to provide you with a legal opinion online. I am suggesting that you wait a short while and see if you get a phone call.

Customer
OK, I'll wait for a bit . Thanks, Richard
Customer
I can appreciate that it is a very complex request, and an immediate legal opinion was not expected.
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Debra, Expert

Do you want to wait a bit longer for a call?

If not what specific legal information can I provide you?

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Debra, Expert

Hi there, I am just following up on this question. I am unable to provide a detailed answer without more information.

Customer
I waited for over an hour for a telephone call. None received. One of your messages said in essence that you could not provide legal advice, merely general information. So I cancelled my subscription. Please refund the debit to my Visa 20 December $84.00 Richard
Customer
You text suggests you are a robot!
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Debra, Expert

I am not a robot. I am a senior retired lawyer. I only provide general legal information and only provide this online. I don't know why another lawyer didn't call you.

It's fine that you already canceled your membership. I just don't want you to leave here empty-handed.

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

The strata council has a duty to maintain the common elements. If they failed to maintain the common elements and you suffered damages as a result then the strata must provide you with compensation to put you in the position you would've been in had  you not suffered these damages.

If the fault of the common elements caused you to suffer this water damage than the strata have to compensate you.

Does that help?

Customer
Apologies for the robot comment. I realize we must maintain the comment elements. But the question was are we compelled to upgrade to the current building code and practices. My reading of the Strata Property Act is no. There is no such provision in the Act.
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Debra, Expert

You don't always have to keep upgrading. But if you need a work permit for some work to be done then the city may require that of you.

Customer
OK, Thanks for info. Have a safe Christmas. Richard
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Debra, Expert

You are very welcome.

The very same to you.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
Nope. I delivered notice to the owner. Have a safe Holiday Season, hopefully with no Covid issues.
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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra


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