18/04/17 – Jurisdiction British Columbia
Part 57 published on 01/03/17
Strata corporation obligated to compensate owner for replacement of windows and door
Part 57 published on 01/03/17
Strata corporation obligated to compensate owner for replacement of windows and door
The owner had obtained Judgement against the strata corporation for recovery of approximately $4,000 spent by the owner to replace four windows and a patio door of his strata unit. The strata corporation appealed. The appeal was dismissed and the judgement in favour of the owner was upheld.
The Court of Appeal said:
- The windows and door are common property, and the strata corporation had the obligation to repair and maintain them.
- The windows and door were in such poor condition that replacing them was the only reasonable alternative.
- The strata corporation had failed to fulfill its obligations in relation to the windows and door.
- The owner had not “altered” the common property by replacing the windows and door.
