Can a strata corporation cut open a wall to investigate and repair a CP?

British Columbia, Canada


The following excerpt is from Hayes v. The Owners, Strata Plan BCS 4278, 2022 BCCRT 179 (CanLII):

39. However, some previous CRT cases have found that strata corporations are responsible for the cost of repairing investigation and access holes it creates to perform CP repairs. For example, in Lorenz v. Strata Plan NW 2001, 2017 BCCRT 65, a CP shower diverter, and the strata’s contractor cut open the applicant’s bathroom wall to investigate and repair the CP. The CRT Vice Chair ordered the strata to return the owner’s bathroom to paint-ready condition.

40. Similarly, in Thompson v. The Owners, Strata Plan LMS 2349, 2018 BCCRT 759, the strata’s contractor cut holes in the applicant’s strata lot ceiling to inspect and repair a leaking CP pipe. The CRT member found that the strata intentionally caused the ceiling damage in order to carry out its duty to repair and maintain CP. So, the member ordered the strata to repair the damage at its own expense.

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