Suite Repairs

So, you have purchased your new home, and something goes wrong, your toilet won't flush, the dishwasher is leaking, your kitchen faucet is loose, your bathtub no longer drains properly.... there numerous items that can potentially cause problems.

This page is designed to let the owner know what is and is not a strata responsibility versus an owner responsibility within the suite.

First, you will need to understand the terms common property, and limited common property.  Anything that does not fall into these categories are the responsibility of the home owner.

Common Property:

as defined by Strata Property Act, [SBC 1998] CHAPTER 43, Definitions and

Interpretation states:

(a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and

(b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located

     (i)  within a floor, wall or ceiling that forms a boundary

(A)  between a strata lot and another strata lot,

(B)  between a strata lot and the common property, or

(C)  between a strata lot or common property and another parcel of land, or

    (ii)  wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property;

Limited Common Property: as defined by Strata Property Act, [SBC 1998] CHAPTER 43, Definitions and Interpretation, means common property designated for the exclusive use of the owners of one or more strata lots. Here are some common examples of limited common property:

(a) parking stalls;
(b) patios or balconies adjacent to a strata lot;
(c) storage lockers;

A strata corporation has a duty under the Strata Property Act to repair and maintain common property.

Too often in condo apartments there is uncertainty over who deals with a leaking appliance, non-functioning appliance, drain pipe, fresh-water supply line or toilet issues, cracked and broken bathroom wall or floor tiles, caulking or even wax toilet seals. This is a surprisingly simple question, with a surprisingly simple answer. The leak or appliance repair problem is the responsibility of the party on whose property it lies. If it is inside your suite, it is your responsibility !

Some condo home owners haven’t thought about this before it comes up, so you need to know that all the appliances and plumbing within your home is your personal property. We, in our condo homes personally own the dishwasher, the kitchen sink and fixtures, and the supply lines and drains between them and to and from the exterior walls of our suites. In the bathroom we own the toilet, the sink, tub and the fixtures, the drains, the tub diverter to the shower head and the cartridge that controls the water flow; and must repair them when any of these break or leak.

Note “exterior walls of our suites”. If a shower backs to a suite boundary wall, with common property or another suite on the other side, your responsibility stops at that wall. A leak in the supply line to your shower, bathtub, kitchen sinks or faucets within that wall should be repaired at the expense of your strata corporation. That’s why you pay monthly condo contributions.

However, it is also the responsibility of the owner to cover the cost of repairing any damage created by a water leak from their appliance, fixture or piping within your unit. That’s in part why every condo homeowner carries insurance, even though the entire building is already insured by the condo corporation.  The building insurance won’t cover damage stemming from your personal property, so you will need your own insurance.

If the water supply pipe to your toilet leaks and damages the ceiling and wall of your neighbor downstairs, you as the owner have to pay to repair and repaint that part of his suite, NOT the strata corporation. This isn’t something we condo homeowners can wriggle out of; that’s the way it is. Whether it’s then justified to claim for compensation from your personal homeowner’s insurance policy is a secondary question and your own business.

Difficulties with such leaks and repairs can arise.  Failure to properly respond to damages caused to your neighbor can be expensive and dramatic. The Strata Council wants to avoid expenses, however, the Strata will adopt a generous attitude up front.

For Instance, if an owners shower wall is damaged or a water supply line fails to the toilet inside unit 510, and leaks into suite 410, the owner of suite 510 is responsible for all repair costs to BOTH suites. The strata corporation will then bill the suite owner to recover the expenses plus an additional amount for taking care of an owner issue, and all the authority to collect comes to bear on the suite owner up to and including placing a lien on your suite for non-payment.

The Strata Corporation pays the plumber and repairs everything; the damaged hallway wall, the interior of the downstairs neighbor’s suite, and bills everything to the responsible suite. Would a court uphold a board’s collection of a debt incurred to repair suite property? Most definitely. A judge surely would have no sympathy for a condo homeowner who leaves his building’s common property and his neighbor’s property damaged. Case closed.

No purpose is served by trying too hard to save money, perhaps pitting owner against owner and against their Strata Council. The priority in governing our condo homes is to fix leaks, repair damage when it occurs, and to encourage every homeowner to maintain the plumbing and water-using appliances within their own suites.