A Burnaby owner who complained his strata had used "Band-Aid" fixes for multiple leaks in his apartment has won only a partial victory at the province's Civil Resolution Tribunal.
Owner Tuong-Van Tran, who owns a condo in the podium of a highrise on Goring Street, had complained to the tribunal, saying water leaked and mice entered his apartment from the roof garden above his unit, according to a ruling this week.
Tran said the strata was negligent in repairing and maintaining the common property and claimed a total of $132,687 in damages for missed work, lost rent, damaged personal belongings, junk removal fees, repair costs, travel to and from Vancouver, expert reports and legal fees.
Tran's tenant first reported a leak in January 2022, according to the ruling, and the building's caretaker eventually found the source in a vent stack on the roof above the apartment.
After repairs on that leak, however, water was discovered entering the apartment on six more occasions until the patio's membrane was finally repaired as part of a larger "envelope renewal" on the building completed in November 2023.
The strata had delayed the envelope renewal because of the $2.1-million price tag and an increase in the strata's insurance premiums, but Tran said the strata breached its duty by failing to complete the project in a "timely manner."
In the interim, he said the strata used "Band-Aid" fixes instead of hiring an engineer and didn't get warranties from the repair companies.
The strata said it acted reasonably by hiring professionals to investigate and repair water leaks and an exterminator for the rodent infestation.
Tribunal member Peter Mennie ruled mostly in favour of the strata, saying the envelope renewal was a large and complex project, and it was reasonable for the strata to delay it because of the cost.
As for the strata using Band-Aid fixes, Mennie conceded the caretaker and restoration company the strata hired failed to fix all the leaks but said stratas' actions don't legally have to be perfect, just reasonable.
"A strata may have several options when dealing with repairs, its decision should not be assessed in hindsight, and the strata may choose a 'good' solution rather than a 'best' solution," Mennie said.
Mennie also dismissed Tran’s claim for $48,000 in past and future loss of rent.
The apartment has been vacant since Tran's last tenant moved out in March 2023 complaining of leaks and mould in the apartment, according to the ruling.
But a December 2022 mould assessment report provided by Tran said mould concentrations were normal in the unit.
"I find the mould report shows that the strata lot could have been rented out so Van's claim for lost rent is unproven," Mennie said.
Mennie dismissed all of Tran's claims except one.
He ordered the strata to replace the drywall that was removed for water-leak investigations.
The CRT is an online, quasi-judicial tribunal that hears strata property disputes and small claims cases.
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