by Amir Ali
The building’s strata was sued by multiple property owners in BC over leaky skylights.
Strata owners in different units sued the strata in question, demanding that the leaky skylights be repaired immediately and any building damages caused by the delay in the roof repairing
Both owners claimed the strata was responsible for repairs, but at small claims hearing, the strata said it was a “long-running issue.”
In two different court hearings, Catherine Jensen and Elise Forest-Allard sued the strata on behalf of their lots.
She owned a unit that had three leaky skylights that she claimed had “lost their integrity.”
Her request was for the strata to replace the skylights within a year and to be responsible for the skylights’ maintenance in the future.
The photos submitted for evidence showed the skylights were integrated into the roof. The tribunal member overseeing the case determined the roof above the units constituted “common property.”
Jensen resides in a unit with two leaky skylights that need to be replaced immediately and requested a strata order to do so. In 2014 or 2015, Jensen’s skylights began leaking, and the strata temporarily fixed them with caulking. However, in November 2021, the skylights began leaking heavily and have since been covered with tarps.
In spite of Jensen’s inability to prove the damage caused by the leaky skylights, the tribunal member ordered the strata to fix the skylights within four months. The strata were also required to pay Jensen’s $225 CRT fees.
In the case of Forest-Allard, she claimed her skylights began to fail in 2020 and requested the strata replace them. In the same manner, as in the Jensen case, the tribunal ordered the strata to replace the skylights within four months. A $250 CRT fee was also imposed on the strata.
