Strata Property Act
Part 5 — Property
Division 1 — General Property Matters
Repair of property
72 (3) The strata corporation may, by bylaw, take responsibility for the repair and maintenance of specified portions of a strata lot.
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Bylaws, Strata Plan NW 2671- Sunridge Estates
The following extract is taken from the bylaws filed in the Land Title Office on February 5, 2002, under number BT41643, and a consolidation of all amendments up to and including Dec/08 as filed on Jul 18/05, Mar 9/07, and Apr 28/08:
Powers and Duties of Strata Corporation
11 Repair and maintenance of property by strata corporation
11.1 The strata corporation must repair and maintain all of the following ... (d) a strata lot, but the duty to repair and maintain it is restricted to ... (i) the structure of a building ...
WHAT IS THIS SUPPOSED TO MEAN??
http://www.thefreedictionary.com/
door
A movable structure used to close off an entrance, typically consisting of a panel that swings on hinges or that slides or rotates
repair
To restore to sound condition after damage or injury
damage
Harm or injury to property or a person, resulting in loss of value or the impairment of usefulness
We do not understand how damage to our unit caused by an accident in the unit above us became our responsibility - especially when damage to another unit caused by accident inside of their own unit was not the responsibility of the owner of that unit - and especially when we have paid more for mandatory strata insurance for over 20 years than most, if not all, other owners - including units 227 and 510 which were the source of the accidents from which water damage flowed.
It looks to us as if the resultant loss of value and impairment of usefulness of our property and the resultant personal injury to myself due to harassment and defamation are all caused by the negligence or design of one or more persons who are hostile toward me.
http://www.accountingglossary.net/
insurance
Insurance is a way to make an individuals financial losses more affordable by transferring them to a large group of people through an intermediary called an insurance company and a legal contract called a policy
full replacement value
Coverage that pays the full replacement value for a covered loss rather than just the initial cost less wear and tear or depreciation
The definitions above contradict reality. Insurance in the strata industry provides an opportunity to take premiums and deny benefits, inflate deductibles, offload responsibility, avoid repairs, perpetuate nuisance, and churn up business for legal professionals in ways that are unjust and shockingly scandalous.
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In addition and most importantly, pursuant to section 149 of the Strata Property Act, it is mandatory that the strata property insurance cover not just the buildings, but also the fixtures installed as part of original construction - even when they are owned by the strata lot owner:
Strata Property Act
Part 9 — Insurance
Property insurance required for strata corporation
149 (1) The strata corporation must obtain and maintain property insurance on
(a) common property,
(b) common assets,
(c) buildings shown on the strata plan, and
(d) fixtures built or installed on a strata lot, if the fixtures are built or installed by the owner developer as part of the original construction on the strata lot.
...
(4) The property insurance must
(a) be on the basis of full replacement value, and
(b) insure against major perils, as set out in the regulations...
The insurance deductible in 2002 was $1,000 and sometime in 2003 it became $5,000, but since the dates of coverage in the minutes are contradictory, and I could not obtain a signed and dated copy of the policy, we do not know whether it was before of after our July 23 date of loss. The deductible was irrelevant to us in any event, since the $25,000 for replacement value repairs in Unit 227 proved to exceed it in any event, and it is a common expense that our neighbour is responsible for both negotiating and causing, which the strata did not sue to recover.
Insurance deductible
158 (1)Subject to the regulations, the payment of an insurance deductible in respect of a claim on the strata corporation's insurance is a common expense to be contributed to by means of strata fees calculated in accordance with section 99 (2) or 100 (1).
(2)Subsection (1) does not limit the capacity of the strata corporation to sue an owner in order to recover the deductible portion of an insurance claim if the owner is responsible for the loss or damage that gave rise to the claim.
Decision not to repair or replace
159 (1)The strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting held no later than 60 days after the receipt of the money referred to in section 156, decide not to repair or replace the damaged property.
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All of the water damaged building structure and fixtures in unit 409 were built or installed by the owner developer as part of the original construction on the strata lot and were supposedly insured at replacement value against water damage.
B.C. Reg. 43/2000 O.C. 130/2000
Part 9 — Insurance
Definitions for section 149 of the Act
9.1 (1) For the purposes of sections 149 (1) (d) and 152 (b) of the Act, "fixtures" means items attached to a building, including floor and wall coverings and electrical and plumbing fixtures, but does not include, if they can be removed without damage to the building, refrigerators, stoves, dishwashers, microwaves, washers, dryers or other items.
(2) For the purposes of section 149 (4) (b) of the Act, "major perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism and malicious acts.
[am. B.C. Reg. 265/2000.]
Stratawest did not file an insurance claim for the water damage to unit 409 before the time to do so expired and since then repeatedly obstructed and refused my requests to access the written contract for the relevant insurance cover in spite of my writing for a copy, providing a cheque in payment at the rate of $.25 per page as set out in the regulations, and attempting to attend at the strata records office pursuant to the Strata Property Act, as set out below:
Strata Property Act[SBC 1998] CHAPTER 43
Division 2 – Records
Strata corporation records
35 (2) The strata corporation must retain copies of all of the following:
... (g) written contracts to which the strata corporation is a party;
...
Access to records
36 (1) On receiving a request, the strata corporation must make the records and
documents referred to in section 35 available for inspection by, and provide
copies of them to ... an owner ...
(3) The strata corporation must comply with a request under subsection (1) or (2) within 2 weeks unless the request is in respect of bylaws or rules, in which case
the strata corporation must comply with the request within one week.
(4) The strata corporation may charge a fee for a copy of a record or document
provided under this section of not more than the amount set out in the regulations
and may refuse to supply the copy until the fee is paid.
The strata corporation utilizes its agent to charge an exorbitant fee that is so much higher than the 25 cents a page set out in the regulations that it effectively prevents access to strata records. The agent then claims that it cannot find the records.
My access to strata records has been obstructed and denied for years, in spite of my sending blank cheques not to exceed a specified amount and asking for the exact amount to make a further cheque payable for if my advance payment was insufficient.
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Something seems very wrong when prohibitively high costs and systemic barriers effectively prevent average people from accessing minimum protections or equal benefits provided by law.
