Hallport v. Strata Plan NW 2471 (British Columbia Provincial Court - Small Claims)

The claimant strata lot owners experienced excessive heat and condensation in their unit.  The cause was determined to be a broken water pipe connecting their hot water tank with the internal hot water lines in their unit.

The claimants had replaced the water pipe at a cost of $1,909.11.  They sued the strata corporation for recovery of that amount.  The Court held that the water pipe in question was limited common property, and the particular repair was the responsibility of the strata corporation under the terms of the corporation’s by-laws, because this was the sort of repair that would occur less often than annually.  The claimants were therefore granted judgment against the corporation in the amount of $1,909.11.