A Vancouver strata has been found in breach of its duties, when after years of warnings, it failed to maintain and repair its buildings and parkade.
B.C. Supreme Court Justice Andrew Mayer made the declarations in an Oct. 24 ruling that authorized the strata to issue a special repair levy not exceeding $2.1 million.
The decision came after years of “impasse” among strata owners prevented the strata corporation from fulfilling its statutory duty to repair and maintain common property — including a membrane that prevented water from entering a common parking garage.
William Gibson Wight and Elizabeth Ann Frey, who jointly own a unit in the Maple Street strata, petitioned the court for the orders after the strata council failed to garner the 75 per cent of votes required to approve repairs on the building.
They sought a court order to compel the strata to do the work, which included replacing a waterproof membrane.
Owner Jason Shewchuk opposed to petitioners, contending it was unnecessary to replace the entire membrane and that necessary repair work can be completed in an incremental, as-needed basis.
Leaks in the building were first noticed in 2000. The strata received recommendations to carry out repair work in 2010, 2011, 2016 and 2017. A contractor was selected in 2020 to do the work for $1.7 million but owners voted against a special levy at a special general meeting.
In 2022, the same contractor suggested the work could be done in phases but that it would be more expensive.
Mayer said each of the expert reports going back to 2010 indicated the parking garage membrane is at the end of its useful life and has caused and will likely cause further damage if not replaced. Still, said the judge, the strata failed to take action.
“A full replacement was recommended as early as 2010 and this recommendation remains valid today,” Mayer said.
