Part 41 published on 01/02/13
Strata Corporation failed to properly enforce its by-laws in relation to unit renovations; given presence of asbestos
Before undertaking certain repairs in 2011, the corporation’s administrator arranged for a Hazardous Materials Survey in accordance with applicable health and safety legislation. The survey revealed hazardous materials, including asbestos containing materials, in the units, and the report also recommended that specific procedures be followed during renovations that might disturb those materials. All owners were advised.
However, two of the owners (who were two of the three members of the strata council) subsequently undertook unit renovations without following the required health and safety procedures in relation to the asbestos containing materials.
The petitioners were owner occupants of two other units. They alleged that the strata corporation had failed to properly enforce its by-laws, which required that owners comply with all applicable laws when undertaking renovations. The Court agreed. The Court said:
In my view, the chronology…establishes that the strata corporation has repeatedly failed to enforce the bylaws in relation to this issue.
…
The presence of asbestos in the Building is well documented. The risks posed by asbestos are also well documented. I find that the failure of the council to enforce the bylaws is in breach of its duty to protect residents, visitors and workers at the Building from the hazards posed by asbestos. Accordingly, I grant the declarations sought by the petitioners.
The Court accordingly declared that the strata corporation had failed to enforce its by-laws, and as such was in breach of its duty to protect residents and visitors to the building from the hazards posed by asbestos. The Court also ordered that the strata corporation provide owners with “copies of all present and future WorksSafe BC Inspection Reports and Hazardous Materials Surveys, or similar assessments issued in relation to the Building”, in each case within seven days of receipt.
The Court declined to grant further orders requiring that the strata corporation enforce its by-laws in future, choosing instead to trust that that the strata corporation would meet its obligations in future (until proven otherwise).