A B.C. woman’s claim for more than $58,000 in damages after sewage backed up into her first-floor strata unit has been dismissed, the B.C. Civil Resolution Tribunal (CRT) says.
According to the woman, her strata corporation had failed to properly maintain the building’s sewage systems. She claims this led to two separate incidents of backups that damaged her unit, the first in May 2022 and the second four months later, in September of the same year.
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She says the backups originated in common-property plumbing, which means the strata should pay for the damage.
The CRT agrees the issue began on common property.
However, the woman did not prove the strata acted unreasonably or negligently in terms of plumbing maintenance, the tribunal says.
In addition, the decision reads, the strata’s bylaws say owners are responsible for any damage to their lots — even if it isn’t their fault.
In her claim, the woman cited a BC Housing bulletin that recommended periodic sewer inspections and drain cleaning. However, the CRT says this bulletin lists “best practices” and not required standards.
“The strata is not held to a standard of perfection and is not required to choose the best solution for every repair and maintenance problem,” tribunal member Alison Wake wrote.
“As there can be ‘good, better or best’ solutions available to deal with repair and maintenance problems, choosing a ‘good’ solution rather than a ‘best’ solution is not unreasonable.”
The woman had also requested an order for more plumbing work and additional records from the strata.
All of her claims were dismissed.