Can a strata corporation be liable to an owner for damage caused by a failure of the common property?
British Columbia, Canada
The following excerpt is from Malcolm v. The Owners, Strata Plan NW 2068, 2021 BCCRT 1048 (CanLII):
28. A strata corporation may be liable to an owner for strata lot damage caused by a failure of the common property if the strata corporation was negligent in repairing or maintaining it: Basic v. Strata Plan LMS 0304, 2011 BCCA 231 and Kayne v. LMS 2374, 2013 BCSC 51. However, a strata corporation is not an insurer.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can a strata corporation be liable to an owner for damage caused to the strata lot? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
Can a strata be held liable for damage caused to common property? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Can a strata corporation sue as representative of the owners of the common property? (British Columbia, Canada)
Is a strata corporation responsible for managing the common property for the benefit of all owners? (British Columbia, Canada)
