More than 5 years later the water damage to the structure of unit 409 remains unrepaired. We do not understand this. No explanation to justify it has been provided to us.
Our walls, floors, and doors became so severely warped after the accident that hardware broke, walls cracked, floors sunk, and doors stuck or stopped staying open or latching shut. Despite our downstairs drain both levels of unit 409 were flooded so severely that, even with industrial heaters and blowers that ran 24 hours a day, our downstairs was still wet and moldy over a week later, and mold exists in the area to this day.
It took the strata corporation nearly 3 months just to dry out the water, saw off our doors, repair our drywall and ceilings, paint, and clean our carpets, upstairs and down.The damage to the structure of unit 409 was clearly apparent - yet our repairs were restricted to cosmetic surfaces only - no insurance adjuster investigated - when the full cost of replacement value repairs of the water damage to units 409 and unit 510 must have, on a balance of probabilities, significantly exceeded the amount of the deductible for water damage - even though that deductible was 5 times higher than 6 months before.
In contrast, the strata corporation provided full and prompt replacement value repairs to unit 227 from a broken toilet tank that the owners of unit 227 were responsible for themselves.
We were told to wait for the structural repairs to be dealt with with the upcoming building envelope project.
Naturally, we complained. After several years of contradictions, the strata corporation hired an engineer to inspect the damage to unit 409. He confirmed in writing that the damage to our unit arose from the escaping water. The strata manager advised us that it was our responsibility to repair it. We do not understand this, as it is inconsistent with the terms of the insurance, bylaws, and Strata Property legislation, as well as the repairs provided to unit 227.
After the water damage from the toilet tank accident in the unit above us our doors could not be opened or closed, so they were removed and sawed off and a realtor advised us that our unit could still be sold, but as a "fixer-upper". We are convinced that the strata corporation remains under an ongoing obligation to repair the water damage to the structure of unit 409 and that the owners will, sooner or later, direct management to do so.
The floors in unit 510 were warped to the point that the strata corporation paid the owner over $800 for flooring leveling materials used in the first half of a do-it-yourself floor covering replacement, however, the owner's second receipt which was submitted for additional floor leveling compound in the approximate amount of $800 sometime later does not appear to have been paid.
In the meantime, we have struggled for more than 5 years to understand and accept what appears to be a series of misrepresentations and a pattern of unfair treatment against us commencing after I began questioning the strata corporation's management in or about 2001. So far, we still cannot sell without signing a Property Disclosure Statement that requires answers to question such as in the examples below:
- What is the monthly maintenance fee per month?
- Does this include ... Insurance? ...
- Are you aware of any structural problems with any of the buildings on the Property?
- Are you aware of any damage due to water?
- Are you aware of any unrepaired damage?
Honest answers to these questions would oblige us to sell our unit as what our realtor calls "a fixer-upper" with a correspondingly reduced price, adding further stigma to the reputation and value of the whole strata complex.
