Part 35 published on 01/09/11
Strata corporation dealt reasonably with water problems. [Corporation not negligent.] Therefore, corporation not liable for owner’s alleged damages
The owner experienced sneezing and cold-like symptoms allegedly due to mould resulting from repeated sewer back-ups and other water problems which affected his locker and its contents. The owner claimed that the strata corporation had not reasonably responded to the water problems and accordingly should be held liable for his damages.
The trial Court held that the strata corporation had acted reasonably, and dismissed the owner’s claim. The owner appealed. The Appeal Court upheld the trial Court’s decision.
Editorial Comment: This is another in a growing list of cases that have confirmed the principle that condominium corporations are not guarantors of the common elements. In considering a corporation’s fulfillment of its obligations, the test is reasonableness. [IE. The question is whether or not the corporation has acted reasonably in all of the circumstances.]