Is a strata required to reimburse an owner for a contractor's emergency repair invoice?

British Columbia, Canada


The following excerpt is from Boothroyd et al v. The Owners, Strata Plan VR 2402, 2019 BCCRT 1009 (CanLII):

26. In Tam v. The Owners, Strata Plan BCS 282, 2017 BCCRT 93, the tribunal ordered the strata to reimburse the owner for a contractor’s emergency repair invoice that was charged back to the owner. The damage was entirely within the owner’s strata lot and neither the owner nor the strata were at fault. The vice chair found there was no evidence to suggest that the strata and owner had discussed the emergency repair costs or that the owner had agreed to pay the costs. The strata had no authority to charge these costs to the owner. The owner also sought an order that the strata pay for all the repairs (not just the emergency repair costs) and submitted an estimate because the work had not been done. The vice chair confirmed that the owner was responsible for the cost of the remaining repairs to the owner’s strata lot because the strata had not been negligent.

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