Condo Smarts: Storm season is here, is your strata corporation ready?

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Dear Tony:

Our strata corporation was unprepared for the recent storms. We have gutter and roof cleaning scheduled for the first week of October, but several units suffered drywall and floor damage during the rain cycle as the owners left the windows open for fresh air and rain it overflowed the walls into the units.

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These owners claim that the city council was negligent and that the strata corporation must pay to replace their floors, drywall, and repaint their units. The building maintenance schedule is part of the annual report and budget approval, so it is not surprising for owners who, by approving the annual budget, are also acknowledging the maintenance schedule that we set.

Is this the responsibility of the strata corporation?

– Carol J., Richmond

Dear Carol,

There are always owners who like to impose all the obligations on the corporations in their strata and blame the council.

The floors are not original accessories; they are improvements and it is the responsibility of each owner to maintain, insure and replace if necessary.

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Drywall is part of the layer lot and, unless otherwise amended in the corporation’s bylaws, which is rare, homeowners must maintain and repair their layer lot. This will include damage to the drywall.

The exception is when there is an insurance claim filed on the strata insurance policy and the proceeds of the claim also cover the original assets and fixtures of strata lots. There are circumstances in which the strata corporation could be exposed to claims from the owners. This occurs when there is a known defect and the corporation does not act, resulting in damages. A common example is sewer backflows in strata lots, and drainage and back problems have been reported, and no service calls have been arranged, leading to subsequent claims. Not only will homeowners have grounds to claim damages against the corporation, they will be notified by their strata corporation’s insurer, and homeowners insurance providers may also be looking to recoup their losses.

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The best solution is a maintenance plan. Each building has components that are vulnerable to seasonal changes that expose both the structure and the users to risk. It is also a practical method of planning your annual budget.
Many strata corporations still maintain a budget line authorizing general maintenance and repairs without details of what is being done, when, how, or by whom.

A schedule that is referenced and attached to the annual notice detailing each of the maintenance and inspection items, the cost of service agreements and contractors, provides valuable information to homeowners and provides a valuable resource to support your projected budget .

Because we have so many building variations, your strata council will need to evaluate the frequency of inspections and service. It is never too late to plan.

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Here are some of the key elements for identifying and planning for fall rain, ice, and snow.

1) Inspect and clear all roofing systems and drains. In a complicated multi-building structure, this could be monthly and especially after every major storm.

2) Gutter clearing, depending on the concentration of growth around your property, this could be multiple visits.

3) Surface drainage around patios, walkways and parking areas and driveways. Exterior drainage discharge should be scheduled annually or, if there are signs of flooding, this includes drains from underground parking garages.

4) Sump pumps and lift stations require routine inspection and service. It is recommended that buildings with underground garages install monitored flood alarms on sump pumps. Floods happen quickly and a plugged-in system almost always fails at 3 am when no one is in the parking lot.

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5) Inform homeowners to clean drains on their decks and balconies and drain outside taps to prevent freezing and remove any material or debris that may be blocking drains. Drainage failures in the upper levels are a chronic complaint for everyone below, as many balconies on the upper level are not covered. Remind owners to report any condition of concern immediately.

Order your salt and sand now and organize snow and ice removal. Most of the surfaces are common property and the strata corporation cannot hold the owners responsible for their maintenance.

Tony Gioventu is Executive Director of the Condominium Owners Association. Send an email to [email protected].