09/04/2018 – Jurisdiction British Columbia
Part 64 published on 12/01/2018
Strata corporation responsible for pipe replacement
This was a dispute between the owner of two strata lots and the strata corporation about responsibility for certain drainage pipes. The Court held that the strata corporation was responsible. The Court’s reasons included the following:
- The pipes are common property and had not been designated as limited common property.
- The owner of the strata lots had not unreasonably or negligently caused the damage to the pipes (namely, by virtue of the restaurant activities in the two strata lots).
The Court said:
The strata corporation has not established that the Restaurant’s use of anti-clogging agents in the Pipes is causing a nuisance, or is unreasonably interfering with the owners or occupiers of other strata lots.