Two Vancouver condo owners have been ordered to pay more than $11,000 to cover damage caused by having a blocked patio drain during an atmospheric river event in 2023.
The BC Civil Resolution Tribunal says that on Dec. 4, 2023, heavy rain caused the patios belonging to two strata units in a condo building to flood. The strata held the owners of one of the units responsible for restoration costs, it says.
Those owners dispute this, the tribunal says.
“The strata says the flood happened because leaves and other debris blocked a floor drain on the applicants’ outdoor patio,” tribunal member Peter Nyhuus wrote in his reasons for decision.
“The strata says its bylaws require the applicants to maintain this patio drain, and that the applicants’ failure to do so, caused the flood. It says it properly complied with its bylaws and the Strata Property Act (SPA) in applying a chargeback for the repair costs.”
The applicants say the flooding happened because of a blockage in a drainage channel, and they hired their own engineer to assess the patio deck’s drainage system, the decision says.
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“[The engineer] noted various limitations with the building’s patio drainage system, including issues with the deck’s slope, a partially obstructed vertical drainpipe that is not as wide as code requirements, ponding areas on the decks, and patio door thresholds that are too low,” the decision says.
“They also found that it is poor construction practice to have only one drain serving the patio deck.”
However, in his decision, Nyhuus says the issue appears to be related specifically to the blocked patio drain on the owners’ patio area and not due to issues in the building’s drainage system in general.
This finding is based on a plumber’s finding that the owners’ drain was clogged, with pictures showing it covered in wet dog hair, the decision says.
The strata’s bylaws clearly state owners must keep their patio drains clear and make them liable for damage caused by blocked drains, Nyhuus says.
The emergency restoration costs fell below the strata’s $25,000 insurance deductible, meaning the costs were charged directly to the owners, the tribunal says.
The owners are responsible for the $11,390.13 remediation costs, the decision says. Nyhuus notes the owners are also facing a possible separate lawsuit from a neighbouring unit over additional damages that were allegedly also caused by the flood.