“You have maintained that certain areas were damaged as a result of the escape of water from a broken toilet tank. As set out in the minutes from the April 10, 2007 hearing, the Strata Council has been advised that the leveling of the floors was an owner's responsibility. Additionally, the Strata Corporation has retained a structural engineer to examine the concerns that you have raised. A copy of the report is attached... the structural engineer has concluded that the internal warping is not a structural problem... the Strata Corporation is not responsible to carry out the repair.”
Adrienne Murray is licensed to practice law, the strata council's engineer, Tam London, P.Eng., was not. Nevertheless, Ms. Murray defers to Mr. London's opinion about the legal responsibility of a strata to complete repairs - an engineer cited for unprofessional conduct and now removed from the roster of the Association of Professional Engineers and Geoscientists of BC)
http://www.apeg.bc.ca/connections/news/nov09/tlondon.html
Tam London, P.Eng. was served with a Notice of Inquiry alleging unprofessional conduct in his structural design drawings and shop drawing review for a retail building in Comox, BC. In a Consent Order with the Association, Mr. London admitted that the lack of a concept review of the structural design by a member or licensee, not originally involved in the design, constituted a breach of the Engineers and Geoscientists Act.
Mr. London was reprimanded and ordered to have his structural designs concept reviewed by a structural engineer, approved in advance by the Registrar of the Association, for a period of two years from the date of the Order (September 30, 2009). The Registrar has appointed Mr. Ye Ming Li, P.Eng., Struct.Eng. as Mr. London’s concept review engineer. In addition Mr. London is to pay a portion of the Association’s costs of the investigation.
Contrary to the claims of Ms. Murray and Mr. London, the enactments require the strata to repair the structure of the building, not structural "problems". Defects or damage to the building do not have to raise an immediate danger the way that a structural "problem" requiring engineering services might do in order to merit repair.
Ms. Murray omitted the fact that the escape of water from the unit above us constituted insured losses that our strata fees paid premiums for to protect us from and Mr. London concluded that Unit 409's doors are warped and do not latch as the latch plates are out of alignment and that the condition is "consistent with water damage."
Ms. Murray and Mr. London both omitted the fact that our floor coverings are correspondingly damaged, the substrate and floor is warped and sinking between our floor and the common property immediately below our strata lot, and the structural support in the garage needs shims or replacement, to concrete that is not water soluble.
On June 5, 2015, the strata retained a better engineer, Morrison Hershield, to examine Unit 409's framing. In his written report he concluded that vertical floor undulations were evidence of water damage from a large flood, the unit above the likely cause, and the concrete column below the substrate was about 2 in. from centre with wood shim filling a 2-inch gap
********************
This blog was triggered by a phone call in June 2008 from then Councillor Eleanor Pedersen, the owner of unit 227, who asked if we had any interior damage and then said she did not want to know about the unrepaired water damage in our unit. This was befuddling - and particularly annoying - since the strata had paid about $25,000 for her to promptly receive full replacement repairs for damage to her unit from water escaping from her Crane toilet tank in the summer of 2003 - while we have been kept waiting endlessly for the strata to complete repairs in Unit 409 of far more extensive damage from water escaping from upstairs in the unit of the councilor then in charge of insurance.
********************
On July 23, 2003 my husband came home from work and discovered unit 409 flooded from our upstairs ceiling to the floor of our garage, from top to bottom, walls, carpets, floors, and doors. The Crane toilet tank in unit 510 had burst right above us, but to this day we do not know how long the water was running - I was visiting my mother in Penticton and nobody was home in either unit.
Another Crane toilet tank burst in Pedersen's unit 227 within the next week, but it was a less extensive accident with the water confined to their own unit only, it was never running down their main floor ceilings, walls, or doors from the unit above like it was in Unit 409. We have never seen any evidence as to how the damage to unit 227 could possibly come close to the water flooding us from unit 510 for who knows how long and pouring all the way through unit 409 from master bedroom to living room to garage and storage, and when I tried to talk to Eleanor Pedersen about it when she was on council she absolutely refused to discuss it.
Immediately upon discovery I reported the flood to Stratawest Property Management as an as an emergency, and the strata started months of cosmetic repairs to unit 409, but has still not completed the major repairs. No insurance investigator attended our unit, and we never signed off on completion, but the new agent from Stratawest told me we received even-handed treatment. He advised me that the only difference was that the structural repairs to unit 409 could not be completed until the contractors for the building envelope project were on site.
When that time finally came, the strata's deadline to make an insurance claim had expired and Stratawest had been mysteriously replaced, after being the strata agent for 14 years. The new strata agency company then told us that the contractors were on site for the building envelope only. For one reason or another we have been living with warped doors, cracked walls, sinking floors, damaged fixtures, water marks, and whiffs of mold since 2003, while I have been denied access to strata records in a timely manner, or at all, and the insurance policy in particular. Unrepaired water damage to the doors, walls, and floors in unit 409 still exists, it never magically disappeared.
The photo below shows what was still visible on one of the walls before we finally painted it ourselves.
Years later I found out from an opportunity to review the strata records that unit 510 trivialized the extent of the flood and treated the repairs as part of a do-it-yourself floor replacement project; requesting reimbursement for about $800 in flooring compound for the substrate, on top of another approximate $800, which the strata previously paid. In Unit 510 approximately $1600 in 2003 dollars of flooring compound was poured in an 1100 square foot strata lot. After that we noticed the ceiling in unit 409 began to sink, perhaps from so much added weight.
This was 510's new floor.
It looks like it didn't last long before it was replaced with this dark one...
We don't know if more flooring compound was added, but the weight of flooring compound used in the unit above seems to be affecting 409's ceilings. We're worried.
I eventually found out that it cost about $26,000 for the water damage repairs to Pedersen's unit 227 which were promptly completed by the strata at full replacement value. Our cost to bring the matter before the court to get the strata to do its duty and complete the repairs it started in unit 409 could be more than $26,000.
I didn't see any charge back to Pedersen's for their own responsibility for ignoring warnings and letting their toilet tank burst instead of replacing it when strata first advised or turning off the water when they left, as others did.
After waiting 10 years for repairs to unit 409 we finally broke down and had our doors repaired enough that they would stay latched so that we could lock up the bedrooms while someone came in to take care of our pets and plants while we took a vacation. The repairs are not to the standard of replacement value, but the money we spent, under protest, to jury rig our doors enough to open and close effectively was less than $1,000.
Stratawest played a big part in the delays, expiry of the limitation date for an insurance claim, and blocking my access to information. Considering the whole of the circumstances, Stratawest leaving as our strata agent could be seen as an attempt by Garth Cambrey to shift liability. I also have reason to believe that I alienated Stratawest when I was on council and pointed out how a new agency contract was signed and strata funds diverted from the landscaping budget to the property management budget to fund an increase in agency fees and still keep strata fees low without the required knowledge, debate, or vote by council.
However, when situations like this happen, there could be a more compelling reason.
Considering the whole of the circumstances, I eventually considered the unthinkable;
right or wrong, I'm afraid that the most likely reason is that
the strata may not have been insured on July 23, 2003.
I'm also afraid that Al Macleod's realtor relationship with Gloria Henderson, the owner of unit 510 who was responsible for the strata insurance and the floods in Unit 510 and Unit 409, may have contributed further.
The fact of the matter is that Gloria Henderson, of unit 510, was responsible for negotiating new strata insurance at the time. The deductible in 2002 was $1,000 and in 2004 was $5,000 but I could not obtain a copy of the policy to find out what the deductible was on July 23, 2003, or anything else.
Both of Ms. Henderson and Mr. MacLeod had expressed interest in avoiding an increase in insurance premiums and water damage deductibles, and Mr. Macleod got his first, and only, listing for sale from unit 510 for about a year or more after he cut down our trees to give "unobstructed views" to advertise for Unit 510.
Al Macleod had acted against me ever since I questioned his credibility when he told a general meeting that he didn't know he was buying a leaky condo when he was actually guilty of professional misconduct acting as a dual agent and laundering a $10,000 leaky condo holdback through the strata corporation.
While we waited for the repairs to our unit to be completed Al Macleod repeatedly diverted strata funds to his own special interests, such as $6,000 to his new fireplace and avoiding user fees to cover the added of expenses of the strata shoveling snow from his driveway for him, demolition and reconstruction of illegally added extra decks, rent for the exclusive use of common property, and cutting down our trees while we were away on vacation and saying he had a "right" to take action against us.
Although no insurance investigator ever inspected our unit, both of the strata corporation's engineers confirmed its condition is consistent with water damage. We would like council to have the repairs to our unit completed without further delay, and if funding is an issue please collect user fees from those that we have been forced to subsidize for decades to the unique detriment of ourselves.
Photos and particulars of the unrepaired damage to Unit 409 and a chronology of requests for repairs are set out below. Some say a picture is worth a thousand words, so this post includes both pictures and a chronological summary of my correspondence on the matter. The walls, floors and doors in these photos are all located in unit 409 just below the site of the Crane toilet accident in unit 510, and before the flood they all looked fine.
Photos 1, 2, & 3:
Our doors had to be removed to have their bottoms cut off in order to close.
These photos show the outstanding damage.
Crooked at the top - and at the bottom
and warped sideways
In fact , after the flood our doors became so warped and crooked that they were no longer fit for the purpose for which they were intended.
They stick or swing shut - or won't stay latched, locked, or closed - so locks are useless and privacy is lost.
Photos 4 and 5:
Using the suitcase as a barrier to stop cat from pushing bedroom door open created an awkward, unsightly tripping hazard.
After the flood our doors were warped so badly that we could no longer rely on them to even stay latched. As a result, since 2003 we have never felt comfortable giving our neighbours a key to water our house plants while on vacation, or to provide access to contractors in our absence.
Although we have always been home for contractors I would not be surprised if some fool on council might eventually try to fine us for denying access instead of fulfilling their own duty to complete the strata's repair obligations.
This door stopper has kept our bathroom door from swinging shut and blocking off access to our cat's litter box.Photos 6, 7, and 8:
Since no council member visited our unit to inspect the damage - or walk on our sinking floors - and they continue to refuse to do so - the angle at which this lamp is standing in our bedroom helps illustrate how our floors warped and sunk in the area of the flood
including a distinct circular dipdirectly above the shims for this supporting pillar in our garage below
Phase 1 strata records from Sayers Engineering Limited dated January 19, 1989, advise that the concrete used in the columns in the lower unit’s garages appears to be the mix that is used for topping on the wood floor system in the upper units. We don't know if something in that concrete mix washed away, or if the shims shown in this photo shifted in the flood - but in any event - there is a distinctively circular dip in our floor where it is sinking directly above this column.
Photos 9 to 14:
409's hallway was so warped by the flood that the sliding doors had to be repositioned in order to close - after which the plastic wheel casings broke.
The hall wall split shortly after - at the top on the inside - and at the bottom on the outside.
When we painted before the flood we did not see any cracks or splits in our walls and our doors worked perfectly. We don't think our doors would warp, walls twist, drywall split, and strata managers start changing, all so suddenly, if no structural damage flowed from that flood.
This photo is of the crack at the top on the inside of our hall closet.
This photo is of the split at the bottom on the outside of our hall closet. To left of the spit the pencil marks made before and after the drying process can still be seen. Above that are water marks 5 inches high.
The original position of the track for the sliding doors was pencilled onto the wall by a restoration worker before he removed the doors, track, and carpets.After moisture testing indicated that our walls were dry our carpets were relaid, and the track was reinstalled in line with those marks and the doors were rehung. The result was so crooked that the doors could not slide at all.
The worker took the doors off again, erased the marks, hung a plumb line, pencilled in new marks, and moved the track to match up to his new pencil marks. The faint residue of his original marks still showing where the doors hung previously, alongside the unerased new marks that he pencilled in for the new position of the track, provides further evidence of the unrepaired warping. The residual water marks can also been seen in this photo.
The vertical splits that developed in the wall soon afterward, which is visible to the right of the pencil marks.
When the wheel casings on the sliding doors in our hall closet broke
soon after the doors were removed, rehung (crooked), removed, and rehung
the door was just left lying on our floor;
it's still not hung or working againI complained about the seam between our main hallway and the living room and dining room being lumpy after the carpet was removed for drying and cleaning and then relaid. The horizontal shadow about halfway across the photo below is the line where the temporary bulge in that seam collapsed into a permanent indent. Although it didn't photograph very well this indented seam running across the entrance to our living room is in a high-profile central location. It is one of the first things seen by visitors entering our home. There's no reason for it to exist but for the problem I complained of after the flood, and I'd be surprised if the carpet in unit 227 was left in such a condition.
This shows the wear pattern on our bedroom carpet from the warped door and sinking floor
- With respect to insurance claims, we realize that water damage from a toilet tank bursting in an upper unit and flooding that upper unit's floors - as well as the lower unit's 2 levels of ceilings, walls, doors, and floors - would logically exceed any damage from a toilet tank bursting in a lower unit and flooding that one unit alone.
- Although the strata corporation insurance investigator did not attend our unit, we think it would be obvious that repairs of all the water damage to the 3 floors in units 510 and 409, as well as to unit 409's ceilings on 2 levels, and its still warped doors and walls, would have to exceed the $5,000 insurance deductible paid for the repairs to Unit 227 by itself.
- Unit 227 received prompt full replacement repairs for water damage that did not touch the floors and ceilings on at least one level of the building. Accordingly, it would on a balance of probabilities be less than the water damage to Unit 409 from the accident in 510; yet nearly 6 years after Unit 227 was fully repaired Unit 409 still has unrepaired water damage.
- Instead of completing the repairs to unit 409, the strata spent $5,885 on unit 518's fireplace on July 15, 2005, to take care of a couple of loose cracked tiles for Mr. Mac without any corresponding instruction from council or report to the owners.
My husband returned home, discovered our unit flooded from above and immediately reported it to Strata Plan NW2671 via a phone call to Stratawest Management Ltd.
July 24-28, 2003
The strata corporation had Nordic Restorations remove our carpets and underlay and leave heaters, dehumidifiers, and industrial blow dryers running throughout our unit for 5 days.
We were dealing with unemployment at the time and had no escape to a daily job for temporary relief from the deafening noise and excruciating steam and heat.
The high decibel noise this equipment generated sounded like it must have been well over WCB work-safe levels, and it was continual 24-hours a day. The strata corporation left us with no hearing protection and not even a cautionary warning against harmful mold or the potential for hearing loss.
July 28, 2003
I discovered a 1999 report archived on the internet, which said that over 14,000 Canadian Crane toilet tanks had shattered and that Crane had lost a class action law suit. It warned that any toilet tank manufactured by Crane in Canada between 1980 and 1991 should be considered suspect.
I phoned Crane and discovered that the developer had installed toilets bearing one of the problem serial numbers, so I wrote to the strata corporation to request that owners be advised to contact Crane for toilet tank replacements before they burst.
The strata corporation eventually agreed to reimburse owners for the purchase and installation of replacement toilet tanks, up to a maximum amount of $45 each.
July 29, 2003
I wrote to the strata corporation to advise that our hall walls and ceiling were buckled, our bathroom door no longer cleared the floor, and the ceiling in the garage was water stained. I reported that Nordic had taken away their air movers and dehumidifiers and advised that their moisture testing indicated that our walls were dry.
July 30, 2003
I wrote to the strata corporation to report that we had cleared our schedule and stayed home that day as requested, but at 10:30 a.m., we were advised to cancel repairs until the next day and that restorations would not be finished until August 8 or 9, 2003.
July 31, 2003
I wrote to the strata corporation (twice) to report more floor, door, and wallpaper damage. I noted the floor was warped and sank when you stood on it, all our interior doors had to be removed and a door was warped and could not be closed. (Note: Strata's door response was to leave it warped and crooked and just saw off enough to open and close it.)
I asked why our unit was not dried out with air movers or dehumidifiers when water from the unit above had flooded us on previous occasions. I don't recall receiving an answer, but I later discovered invoices for floor leveling compound for unit 510, while the strata remains willfully blind to the related damage to unit 409.
August 3, 2003
I wrote to the strata corporation and reported that as of the day before our garage floor was still wet under my husband’s ruined papers, which had gone mouldy by the time we were able to remove them.
I expressed concern that the physical demands of moving household contents following the flood could cause irrepairable damage to my hips, since such heavy and prolonged weight bearing was identified as aggravating my congenital disabilities.
I asked why only one vehicle attended our unit just long enough to take out the carpets, leave air movers and dehumidifiers and test for moisture, when 6 vans and one large truck from On Side Restoration Service was now attending at another unit (227), day and night, including, but not limited to a Contents Division, Construction Division, and Carpet Division.
I asked how much the restoration service for the other unit was costing and how long it was expected to take in comparison to ours. I could not tell whether the strata corporation made hotel arrangements for the occupants, however, I requested even-handed treatment.
I received a response that contained no meaningful answers other than a claim that this treatment was even-handed.
August 5, 2003
The Strata Corporation wrote to owners saying that the strata corporation and its agents and insurers would accept no further responsibility or liability for damages resulting from a failed Crane toilet tank.
August 7, 2003
A lady on council told me verbally that unit 227 was receiving so much attention because it was wet for 2 days before anything was done. I wondered - who knew - and if they knew for 2 days - why the delay? When we were away we did not know how long the water was running - nor how long our unit was wet - but we reported it as an emergency as soon as someone came home. Whatever the period of time that unit 409 may have been left wet, it was too long, as the photos of the unrepaired damage to the building so clearly show.
I wrote to the strata corporation to ask whether the strata corporation was seeking compensation for building damage, or the $5,000 insurance deductible, from either Crane Canada or the unit owners responsible for the shattered toilet tanks. I received no reply to my questions. (How long is it reasonable to wait for answers? - Days? Weeks? Months? Years? Eternity?)
I confirmed that I would remove our wallpaper to avoid the possibility of the drywallers having to make extra trips to repair hidden damage.
August 8, 2003
I wrote to the strata corporation to ask when the resolution for its new policy to accept no further responsibility or liability for damages resulting from a failed Crane toilet tank was moved and carried and where the motion was recorded.
I requested clarification with respect to how this policy tied in with the strata corporation’s obligation to repair the building structure and the premiums that all of the owners were obligated to pay the strata corporation for replacement cost insurance - specifically to protect the buildings from flood (and water) damage.
I received no answers to these questions and am still waiting.
August 9, 2003
I wrote to the strata corporation to point out that the strata bylaws require the strata corporation to repair the building structure, and I asked why our carpets were being relaid without repairing the sinking floor beneath. I reported that a building contractor (who, in a social setting, had looked at the sinking in our floor at the top of the stairs) advised that it should be an easy job to reinforce the framing below to correct the sinking while the carpets were still up.
As usual, I received no answer to my question - and I am still waiting.
I expressed concern that leaving our sinking floor unrepaired would impair sales as the real estate disclosure statements would need a "Yes" answer to the question, "Are you aware of any structural problems with the premises, or other buildings on the property?"
In further regard to the Crane flood, I expressed concern that the drywaller had done only one coat on the bathroom repair since I revealed the damage hidden behind the wallpaper.
August 16, 2003
I wrote to the strata corporation to report a circular water stain remaining on the hall ceiling, among other missed stains, and that more water damage was exposed at the bottom of the wall and around the electrical opening when I removed the rest of the wallpaper from the affected wall in our bathroom after my request that the workers remove said wallpaper was refused. I reported that the workman who attended for 4.5 hours on that day expected that someone could return to finish the rest of the painting on August 19, 2003.
August 18, 2003
I wrote to the strata corporation to report that, in addition to the previously stated repair deficiencies, the ceiling was still buckled in the hall.
I asked what was supposed to be done about the sinking floor, crooked doors, and timing delays on the remaining repairs. No answer. Five years later these repairs remain outstanding.
August 20, 2003
I wrote to the strata corporation (twice) to advise that when the workman attended on that day he stated that he did not get any of the messages I left concerning scheduling and repair issues, and that he had been told that the ceiling damage that was missed was not caused by water from the flood.
I noted that my husband was told that some damage may be a result of settling but reminded the strata corporation that, regardless of the number of contributing causes, the strata corporation must repair such structural damage.
August 24, 2003
I wrote to the strata corporation to ask why the restorations to our unit, which we were told would be finished by August 8 or 9, were being delayed.
I also reported observing another dip in our floor close to the supporting pillar in our garage below and suggested that if there was evidence of settlement in the development to replace the trees and bushes to help stabilize the land. (They were removed to extend unit 407's deck.)
August 25, 2003
The strata corporation wrote saying that the problem with our floor was a separate unrelated structural problem that hopefully should be addressed as part of the building remediation and that, based upon an investigation with the Strata Corporation's insurer, the Strata Corporation, or its insurer, was responsible for the repair to our water damaged wall.
(Since an insurance investigator had never inspected the damage in our unit, I wondered how an investigation could take place - or how damage that suddenly sprung up from nowhere immediately after the flood was not in all probability triggered by the flood regardless of structural problems that were successfully repaired about 15 years earlier.)
I wrote to the strata corporation to ask that all my messages to the strata corporation be circulated to each member of council as strata council minutes did not include required votes on significant issues, or make any mention the material issues in my correspondence.
This raised a concern that my correspondence was not being disclosed to council members properly, if at all, and that significant issues were being routinely decided in an improper manner, without the required vote, or even an informed discussion.
August 28, 2003
I wrote to the strata corporation to advise that although the painter just said he had finished the painting, someone would have to come back and repair the missed damage where the colour sample was cut out and the workmanship on the bottom of the wall in the bathroom was unacceptable, and the warped ceiling from the flood that was missed before was still unrepaired.
August 29, 2003
I wrote to the strata corporation to report an electrical problem in our ensuite and to respond to the strata corporation’s letter of August 23, 2003.
I expressed my view that when I attended the Council meeting that night my husband (who normally reclused himself entirely from issues involving our unit to avoid conflict of interest) was the only member of council who showed any interest in seeing that the powers to perform the duties of the strata corporation to act on the issues under discussion were exercised. I said I believed that the meeting was a filibuster and complained that the strata council was consistently failing to take constructive measures to resolve issues.
August 30, 2003
I wrote to the strata corporation to request that payment on the flood restorations be held back until the structural damage to our unit was repaired. I also mentioned that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
September 16, 2003
I wrote to the strata corporation in response to its letter of August 25, 2008, to object very strongly to delaying the structural repairs of our post-flood interior damage for a year or more just to include the repairs with the building envelope project - when there was never any evidence of our interior structural issues being associated in any way with the building envelope.
I confirmed that although our floors did not creak or display any noticeable signs of being uneven, warping, or sinking before the flood that those problems may indeed be related to structural settlement (BUT it was unlikely 15 years after construction, and such a relationship could not be reasonably expected to eliminate warping and sinking that on a balance of probabilities was otherwise caused by the flood the same as in unit 227 and was most obviously triggered by it.)
I confirmed my understanding that Stratawest Management Ltd. would have Regent Maintenance contact us to make an assessment on whether the structural issues were an immediate safety concern before the new management contract with Bayside Property Services Ltd. went into effect. (No insurance investigator ever inspected the water damage to the interior of our strata lot.)
September 23, 2003
Based on my review of the strata records pursuant to legislated disclosure I wrote to the strata corporation to request a copy of Schedule A to an On Side Restoration insurance claim, dated August 3, 2003. (I assumed it must be for unit 227, which appeared to have been promptly and fully repaired in such a stark contrast to unit 409.)
I reported that Nordic had stated that it wanted to finish the job and had told us it was waiting for direction from the strata corporation, and that it did not seem reasonable to me for the strata corporation to force us to continue living indefinitely in such a distressing situation. I asked when the work on our unit would be completed.
September 30, 2003
I wrote to the strata corporation detailing a series of unexplained electrical failures that we never had before the flood.
October 17, 2003
I wrote to the strata corporation asking what the strata corporation was going to do about Nordic leaving our flood damaged carpets so full of soap and water that I slipped on them and fell down the stairs when they left. I reported that our carpets were still not dry as I wrote - 48 hours after Nordic shampooed them - nearly 3 months after unit 510's shattered toilet tank flooded our unit on July 23, 2003.
_______________________________ 2004
May 31, 2004
I wrote to the new strata council to ask for the structural damage to our interior to be repaired without further delay, if it was now not going to be scheduled with or related to the building envelope repairs as previously indicated.
I tried to explain that a flooring company could not just install new flooring and ignore the damage to the structural substrate below. (We have been waiting for years to install new bathroom flooring and low-flow replacement toilets and feel that the long delays in completing our structural repairs are unreasonable and unfair.)
****
As I recall, in or about July 2004 Joan MacDougall, Property Manger, phoned me twice. The first time she seemed noticeably upset. She asked me about the water damage, and I told her our doors, walls, and floors were warped and that she should know the details as it was all documented in my correspondence to the strata corporation. Then she phoned back and said that she talked to the strata corporation's insurance company and was told we did not qualify for a claim - she gave no reason for this conclusion that I recall and did not tell me what the insurance company had been told, when it had received the information, or who was the source; however, no insurance investigator had inspected the damage to our unit at the time of loss, or ever, to the best of our knowledge, and we would have had to open the door, and we don't understand how the eligibility of a claim that was never made could be decided on or denied, or why we could never access the relevant insurance policy no matter what we tried.
_______________________________ 2005
March 10, 2005
After waiting nearly 2 years for our structural problems to be addressed as part of the building remediation, I again wrote to another new strata council during the building envelope project asking what was going to be done to repair our warped walls and sinking floors, with the building rocking like a teeter totter, making loud cracking noises.
I reminded the strata corporation that repairs were delayed after the last flood with an implication that they would be addressed with the building envelope project.
March 20, 2005
I wrote to the strata corporation and advised that our hall wall, which was warped following the flood, was now cracking, our doors, which were cut up and hung crooked during the flood restoration, still could not be latched or locked, and some sporadic electrical problems following the flood continued.
I asked again for a vote by council to decide when this structural damage would be repaired so as to permit us to answer "No" to the question on the disclosure statement for sale asking if an owner is aware of any unrepaired damage.
October 5, 2005
Since an engineer who had looked at the unrepaired flood damage in our unit informally suggested that a construction company could probably repair it, I requested that the strata corporation engineer be retained to verify this information in a written report to the strata corporation.
I offered to pay for the report if no structural damage was evident and reminded the strata corporation in this regard that structural issues from settlement were obvious from our sinking deck.
_______________________________ 2006
March 20, 2006
I wrote to another new strata council about damage to our property value and loss of use and enjoyment of our home, requesting once again that the warping and other flood-related problems be remedied.
May 2, 2006
I wrote to the strata corporation requesting an explanation for the failure to respond to my outstanding requests for structural repairs to our unit.
June 10, 2006
I wrote to the strata corporation to point out and ensure that not much, if anything, regarding our interior structural repair issues, should be new information to Council members, unless my correspondence was not passed on to them.
I reported drywall cracking above our north-east window and requested that the unrepaired damage following the floods from 510 be repaired without further delay.
I provided a list of damages not apparent prior to that flood, but easily apparent in the period immediately following it, including:
1. floors sinking following flood from unit 510's burst toilet tank, so visitors said, "My goodness! What’s that?"
2. walls warped following unit 510's washer overflow and burst toilet tank floods, so sliding doors jammed and required realignment and then promptly broke the hardware (and have never worked since)
3. floors warped, so door had to be cut for clearance
4. doors warped, so they won’t stay closed and don’t function properly, making locks useless
5. floor covering in kitchen ruined and warped in doorway (from multiple drain cleaner floods from unit 510's garberator whenever they prepared a holiday meal)
I complained that the strata corporation had us wait 2 years for the building envelope project until after the strata corporation’s flood claim insurance period expired, at which point in time the strata corporation told us to make a ludicrous claim for the outstanding repairs through our personal insurance, and that the strata corporation was now telling us that our warped floors, walls, and doors were just wear and tear, and that our sinking floor problem was just normal settlement, claiming that owners have to take care of such things on their own, as do-it-yourself projects.
I asked for a copy of any legal opinion that the strata corporation might have with respect to its structural repair policies.
My requests were futile, as usual.
July 16, 2006
I wrote to the strata corporation to ask that any resolutions or votes to deal with my outstanding requests for repairs be included in the minutes.
I asked that the minutes of meetings more accurately reflect: - sources for the cites used - outstanding requests - originating locations of floods - promptness of damage reports - delay in repairs, and - seriousness of the repairs required.
November 3, 2006
I wrote to the strata corporation to ask to see records of the insurance claims made as a result of Crane toilet tanks bursting. I requested that the flood damage to our unit be repaired without further delay.
November 4, 2006
I wrote to the strata corporation expressing concern about further harm to my lungs if exposed to toxic amounts of flooring compound in order to prepare for new floor coverings without the strata corporation repairing the structural damage to the substrate below.
_______________________________ 2007
January 27, 2007
I wrote to another new strata council as a reminder about the $5,000 insurance deductible the strata corporation paid for flood damage repairs to the other unit and attached a photo of our suitcase blocking the bedroom door to keep the cat out because the door won’t stay latched. I pointed out that the concrete column in our garage was out of plumb and that the concrete used in the supporting column appeared to be the type of mix that was supposed to be used for topping on the wood floor system in the upper units.
March 27, 2007
I pointed out to the strata corporation’s engineer, Tam London, the sinking circular area of our bedroom floor above the concrete column in the garage, the unstable substrate under our carpet where the floor structure flexes and there is nothing to screw it down to, the splitting wall in our hallway, and the doors warped so severely that they no longer latch to close off the entrances to our bathroom and bedrooms. I provided photos for reference.
I advised him of our concern with respect to the sale of our unit and the Real Estate Board’s Property Disclosure Statement for Strata Title Properties that asks under the STRUCTURAL section at 2. A., "Are you aware of any structural problems with any of the buildings on the property?" and at 2.G., "Are you aware of any leakage or unrepaired damage?" and with respect to obtaining repairs pursuant to the strata corporation bylaws and insurance I asked him whether to answer "yes" or "no" to the structural questions on the Property Disclosure Statement. As he was taking his instructions from the strata corporation he did not answer my question.
He did not say a word about our sinking floors, in spite of my specifically asking him to do so. The strata corporation's instructions were to report on whether the warping of our doors was a structural problem, and he didn't think so - pointing out that it could be easily remedied.
So from an engineering perspective not all structural damage causes a structural problem and certain elements of a building that are defined in a standard dictionary to be structural may be called fixtures. In any event, structural damage that poses a potential or immediate danger which must be answered is recognized as a structural problem.
However, our bylaws say structural damage, not structural problem, and the structural section of the property disclosure statement deals with damage and problem in 2 different questions - as the words damage and problem have 2 different meanings.
The material point to be made is that he did relate the cause of our unrepaired internal warping to the flood and that the insurance covers full replacement repairs of water damage and that the strata corporation has an ongoing duty to complete these repairs.
July 7 & 10, 2007
I wrote to the strata corporation to respond to a 5-page letter dated June 19, 2007, sent to me by Adrienne Murray, one of its lawyers.
She stated that the strata corporation was advised that the leveling of floors was an owner’s responsibility (she elected not to cite the source or own the statement - nevertheless, I believe that only a lawyer would be qualified or licensed to advise on such responsibility) and she reiterated the strata engineer's comment about the warping of our interior doors not constituting a structural "problem".
Without quoting any law, dictionary, or strata records, I pointed out as politely as I could that the floors in my neighbour(s) units were levelled by the strata corporation, and that doors, walls, and floors are defined as structural elements of a building; warping, splitting, and sinking are damages to the building that need repair; repair of the building is what our bylaws require, and failure to repair causes a problem. (Many problems actually.)
Ms. Murray claimed that a strata corporation may not make decisions that prefer the interests of one owner or that favour a particular owner at the expense of others - so I tried to get her to explain how in our unit the strata corporation could leave unrepaired walls, doors, and floors that were damaged entirely by others, while in other units it repaired similar damage that the owners themselves were responsible for. I asked why we have to pay strata fees and insurance premiums when we do not receive repairs that are at least reasonably equivalent to those of these other units.
She has not answered, and I am still waiting to find out why a lawyer would make statements that are so erroneous and damaging.
_______________________________ 2008
June 2008
A neighbour phoned me in her role as a member of council and asked if we had any interior damage, and I told her yes. I was very surprised that she was not aware of that already from all my correspondence.
I asked for her help - hoping for some even-handed treatment because I knew that she had direct personal experience with flood damage. This is because it was her own unit that generated such extraordinary attention when her toilet tank broke and attracted the big truck and 6 vans in attendance day and night for approximately one week of high priority service shortly after our unit was flooded.
I asked her to present a motion that the strata corporation repair the damage to unit 409's floors, doors, and walls, or in the alternative, to at least engage in a comparative inspection of her unit and ours for a report on the condition of the post-flood repairs to both units. She informed me that she knew nothing about our unrepaired damage. (It was at that moment that I realized that blogs like this may in fact actually be necessary - which is what triggered this blog's creation.)
I told her the basic facts and said that all of the details should be available in the strata records. I offered to provide them to her directly, but she told me she didn’t want to know anything about it and instructed me not to provide such information to her. This was disappointing and upsetting.
July 15, 2008
I wrote to the strata corporation outlining 36 attempts, made over a 60-month, 5-year period, to have the strata corporation repair the flood-related damage to our unit.
I reminded the strata corporation of the negative impact on my health from the behaviour of the strata corporation. I reported that I was correspondingly experiencing more sleep loss, headaches, and bowel spasms in relation to the strata corporation’s treatment of me.
August 28, 2008
The strata corporation responded by writing, "Unless you have an emergency, please do not continue to harass the Strata Council by inundating them with your correspondence."
November 10, 2008
I wrote to the strata corporation in follow up to my email of August 30, 2003, reminding them that in that email I advised that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
I informed council that when the carpet was relaid there was a noticeable lump across the seam between the hallway and dining room, that the lumpy seam since collapsed into a noticeable sunken seam, and wear marks were showing in the areas where the warped doors had been dragging across the pile. I said the rest of our carpets and seams were still fine, but just as we had discovered more cracking in the closet the previous week, none of the damage was fixing itself.
December 3, 2008
I attended the December 3, 2008, meeting of council as an observer. The chair prevented me from observing how my letter was presented and dealt with by council. He alleged that the portion of the meeting open to observers was concluded and claimed that I had to leave the meeting.
Our strata bylaws state:
Council meetings
20.4 Owners and spouses of owners may attend council meetings as observers.
20.5 Despite bylaw 20.4. no observers may attend those portions of council meetings that deal with any of the following:
(a) bylaw contravention hearings under section 135 of the Act;
(b) rental restriction bylaw exemption hearings under section 144 of the Act;
(c) any other matters if the presence of observers would, in the council's opinion, unreasonably interfere with an individual's privacy.
I see no legitimate reason for the chair to exclude me from the meeting while my letter was discussed. Based on previous experiences with defamatory and/or fraudulent misrepresentations made behind my back to mislead members of council - and indications that certain members of council were deprived of copies of my letters - I suspect that it was primarily, if not solely, to deprive me of the ability to defend against more of the same misconduct.
_______________________________ 2009
April 2009 AGM
I released more blogs to the owners for their information and council resolved to hire a lawyer. The strata has, in fact, hired many lawyers over the years, while I have repeatedly sent ongoing reminders continually asking the strata to complete the water damage repairs that it started in 2003.
************************
After over 5 years of various misrepresentations by strata corporation agents, we are still requesting structural repairs in accordance with the laws of the land - still trapped in limbo - still unable to cost effectively install new floor coverings and toilets until the damaged substrate is repaired, and unable to sell our unit at fair market value until the unrepaired structural damage is repaired.
Water damage repairs provided in unit 409:
Please forgive me for ranting - but what pray tell gives Mr. Mac's broken fireplace tile and his other special interests, including funding illegally added extra decks, destruction of landscaping and stockade style fencing priority over our strata lot's:
July 24-28, 2003
The strata corporation had Nordic Restorations remove our carpets and underlay and leave heaters, dehumidifiers, and industrial blow dryers running throughout our unit for 5 days.
We were dealing with unemployment at the time and had no escape to a daily job for temporary relief from the deafening noise and excruciating steam and heat.
The high decibel noise this equipment generated sounded like it must have been well over WCB work-safe levels, and it was continual 24-hours a day. The strata corporation left us with no hearing protection and not even a cautionary warning against harmful mold or the potential for hearing loss.
July 28, 2003
I discovered a 1999 report archived on the internet, which said that over 14,000 Canadian Crane toilet tanks had shattered and that Crane had lost a class action law suit. It warned that any toilet tank manufactured by Crane in Canada between 1980 and 1991 should be considered suspect.
I phoned Crane and discovered that the developer had installed toilets bearing one of the problem serial numbers, so I wrote to the strata corporation to request that owners be advised to contact Crane for toilet tank replacements before they burst.
The strata corporation eventually agreed to reimburse owners for the purchase and installation of replacement toilet tanks, up to a maximum amount of $45 each.
July 29, 2003
I wrote to the strata corporation to advise that our hall walls and ceiling were buckled, our bathroom door no longer cleared the floor, and the ceiling in the garage was water stained. I reported that Nordic had taken away their air movers and dehumidifiers and advised that their moisture testing indicated that our walls were dry.
July 30, 2003
I wrote to the strata corporation to report that we had cleared our schedule and stayed home that day as requested, but at 10:30 a.m., we were advised to cancel repairs until the next day and that restorations would not be finished until August 8 or 9, 2003.
July 31, 2003
I wrote to the strata corporation (twice) to report more floor, door, and wallpaper damage. I noted the floor was warped and sank when you stood on it, all our interior doors had to be removed and a door was warped and could not be closed. (Note: Strata's door response was to leave it warped and crooked and just saw off enough to open and close it.)
I asked why our unit was not dried out with air movers or dehumidifiers when water from the unit above had flooded us on previous occasions. I don't recall receiving an answer, but I later discovered invoices for floor leveling compound for unit 510, while the strata remains willfully blind to the related damage to unit 409.
August 3, 2003
I wrote to the strata corporation and reported that as of the day before our garage floor was still wet under my husband’s ruined papers, which had gone mouldy by the time we were able to remove them.
I expressed concern that the physical demands of moving household contents following the flood could cause irrepairable damage to my hips, since such heavy and prolonged weight bearing was identified as aggravating my congenital disabilities.
I asked why only one vehicle attended our unit just long enough to take out the carpets, leave air movers and dehumidifiers and test for moisture, when 6 vans and one large truck from On Side Restoration Service was now attending at another unit (227), day and night, including, but not limited to a Contents Division, Construction Division, and Carpet Division.
I asked how much the restoration service for the other unit was costing and how long it was expected to take in comparison to ours. I could not tell whether the strata corporation made hotel arrangements for the occupants, however, I requested even-handed treatment.
I received a response that contained no meaningful answers other than a claim that this treatment was even-handed.
August 5, 2003
The Strata Corporation wrote to owners saying that the strata corporation and its agents and insurers would accept no further responsibility or liability for damages resulting from a failed Crane toilet tank.
August 7, 2003
A lady on council told me verbally that unit 227 was receiving so much attention because it was wet for 2 days before anything was done. I wondered - who knew - and if they knew for 2 days - why the delay? When we were away we did not know how long the water was running - nor how long our unit was wet - but we reported it as an emergency as soon as someone came home. Whatever the period of time that unit 409 may have been left wet, it was too long, as the photos of the unrepaired damage to the building so clearly show.
I wrote to the strata corporation to ask whether the strata corporation was seeking compensation for building damage, or the $5,000 insurance deductible, from either Crane Canada or the unit owners responsible for the shattered toilet tanks. I received no reply to my questions. (How long is it reasonable to wait for answers? - Days? Weeks? Months? Years? Eternity?)
I confirmed that I would remove our wallpaper to avoid the possibility of the drywallers having to make extra trips to repair hidden damage.
August 8, 2003
I wrote to the strata corporation to ask when the resolution for its new policy to accept no further responsibility or liability for damages resulting from a failed Crane toilet tank was moved and carried and where the motion was recorded.
I requested clarification with respect to how this policy tied in with the strata corporation’s obligation to repair the building structure and the premiums that all of the owners were obligated to pay the strata corporation for replacement cost insurance - specifically to protect the buildings from flood (and water) damage.
I received no answers to these questions and am still waiting.
August 9, 2003
I wrote to the strata corporation to point out that the strata bylaws require the strata corporation to repair the building structure, and I asked why our carpets were being relaid without repairing the sinking floor beneath. I reported that a building contractor (who, in a social setting, had looked at the sinking in our floor at the top of the stairs) advised that it should be an easy job to reinforce the framing below to correct the sinking while the carpets were still up.
As usual, I received no answer to my question - and I am still waiting.
I expressed concern that leaving our sinking floor unrepaired would impair sales as the real estate disclosure statements would need a "Yes" answer to the question, "Are you aware of any structural problems with the premises, or other buildings on the property?"
In further regard to the Crane flood, I expressed concern that the drywaller had done only one coat on the bathroom repair since I revealed the damage hidden behind the wallpaper.
August 16, 2003
I wrote to the strata corporation to report a circular water stain remaining on the hall ceiling, among other missed stains, and that more water damage was exposed at the bottom of the wall and around the electrical opening when I removed the rest of the wallpaper from the affected wall in our bathroom after my request that the workers remove said wallpaper was refused. I reported that the workman who attended for 4.5 hours on that day expected that someone could return to finish the rest of the painting on August 19, 2003.
August 18, 2003
I wrote to the strata corporation to report that, in addition to the previously stated repair deficiencies, the ceiling was still buckled in the hall.
I asked what was supposed to be done about the sinking floor, crooked doors, and timing delays on the remaining repairs. No answer. Five years later these repairs remain outstanding.
August 20, 2003
I wrote to the strata corporation (twice) to advise that when the workman attended on that day he stated that he did not get any of the messages I left concerning scheduling and repair issues, and that he had been told that the ceiling damage that was missed was not caused by water from the flood.
I noted that my husband was told that some damage may be a result of settling but reminded the strata corporation that, regardless of the number of contributing causes, the strata corporation must repair such structural damage.
August 24, 2003
I wrote to the strata corporation to ask why the restorations to our unit, which we were told would be finished by August 8 or 9, were being delayed.
I also reported observing another dip in our floor close to the supporting pillar in our garage below and suggested that if there was evidence of settlement in the development to replace the trees and bushes to help stabilize the land. (They were removed to extend unit 407's deck.)
August 25, 2003
The strata corporation wrote saying that the problem with our floor was a separate unrelated structural problem that hopefully should be addressed as part of the building remediation and that, based upon an investigation with the Strata Corporation's insurer, the Strata Corporation, or its insurer, was responsible for the repair to our water damaged wall.
(Since an insurance investigator had never inspected the damage in our unit, I wondered how an investigation could take place - or how damage that suddenly sprung up from nowhere immediately after the flood was not in all probability triggered by the flood regardless of structural problems that were successfully repaired about 15 years earlier.)
I wrote to the strata corporation to ask that all my messages to the strata corporation be circulated to each member of council as strata council minutes did not include required votes on significant issues, or make any mention the material issues in my correspondence.
This raised a concern that my correspondence was not being disclosed to council members properly, if at all, and that significant issues were being routinely decided in an improper manner, without the required vote, or even an informed discussion.
August 28, 2003
I wrote to the strata corporation to advise that although the painter just said he had finished the painting, someone would have to come back and repair the missed damage where the colour sample was cut out and the workmanship on the bottom of the wall in the bathroom was unacceptable, and the warped ceiling from the flood that was missed before was still unrepaired.
August 29, 2003
I wrote to the strata corporation to report an electrical problem in our ensuite and to respond to the strata corporation’s letter of August 23, 2003.
I expressed my view that when I attended the Council meeting that night my husband (who normally reclused himself entirely from issues involving our unit to avoid conflict of interest) was the only member of council who showed any interest in seeing that the powers to perform the duties of the strata corporation to act on the issues under discussion were exercised. I said I believed that the meeting was a filibuster and complained that the strata council was consistently failing to take constructive measures to resolve issues.
August 30, 2003
I wrote to the strata corporation to request that payment on the flood restorations be held back until the structural damage to our unit was repaired. I also mentioned that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
September 16, 2003
I wrote to the strata corporation in response to its letter of August 25, 2008, to object very strongly to delaying the structural repairs of our post-flood interior damage for a year or more just to include the repairs with the building envelope project - when there was never any evidence of our interior structural issues being associated in any way with the building envelope.
I confirmed that although our floors did not creak or display any noticeable signs of being uneven, warping, or sinking before the flood that those problems may indeed be related to structural settlement (BUT it was unlikely 15 years after construction, and such a relationship could not be reasonably expected to eliminate warping and sinking that on a balance of probabilities was otherwise caused by the flood the same as in unit 227 and was most obviously triggered by it.)
I confirmed my understanding that Stratawest Management Ltd. would have Regent Maintenance contact us to make an assessment on whether the structural issues were an immediate safety concern before the new management contract with Bayside Property Services Ltd. went into effect. (No insurance investigator ever inspected the water damage to the interior of our strata lot.)
September 23, 2003
Based on my review of the strata records pursuant to legislated disclosure I wrote to the strata corporation to request a copy of Schedule A to an On Side Restoration insurance claim, dated August 3, 2003. (I assumed it must be for unit 227, which appeared to have been promptly and fully repaired in such a stark contrast to unit 409.)
I reported that Nordic had stated that it wanted to finish the job and had told us it was waiting for direction from the strata corporation, and that it did not seem reasonable to me for the strata corporation to force us to continue living indefinitely in such a distressing situation. I asked when the work on our unit would be completed.
September 30, 2003
I wrote to the strata corporation detailing a series of unexplained electrical failures that we never had before the flood.
October 17, 2003
I wrote to the strata corporation asking what the strata corporation was going to do about Nordic leaving our flood damaged carpets so full of soap and water that I slipped on them and fell down the stairs when they left. I reported that our carpets were still not dry as I wrote - 48 hours after Nordic shampooed them - nearly 3 months after unit 510's shattered toilet tank flooded our unit on July 23, 2003.
_______________________________ 2004
May 31, 2004
I wrote to the new strata council to ask for the structural damage to our interior to be repaired without further delay, if it was now not going to be scheduled with or related to the building envelope repairs as previously indicated.
I tried to explain that a flooring company could not just install new flooring and ignore the damage to the structural substrate below. (We have been waiting for years to install new bathroom flooring and low-flow replacement toilets and feel that the long delays in completing our structural repairs are unreasonable and unfair.)
****
As I recall, in or about July 2004 Joan MacDougall, Property Manger, phoned me twice. The first time she seemed noticeably upset. She asked me about the water damage, and I told her our doors, walls, and floors were warped and that she should know the details as it was all documented in my correspondence to the strata corporation. Then she phoned back and said that she talked to the strata corporation's insurance company and was told we did not qualify for a claim - she gave no reason for this conclusion that I recall and did not tell me what the insurance company had been told, when it had received the information, or who was the source; however, no insurance investigator had inspected the damage to our unit at the time of loss, or ever, to the best of our knowledge, and we would have had to open the door, and we don't understand how the eligibility of a claim that was never made could be decided on or denied, or why we could never access the relevant insurance policy no matter what we tried.
_______________________________ 2005
March 10, 2005
After waiting nearly 2 years for our structural problems to be addressed as part of the building remediation, I again wrote to another new strata council during the building envelope project asking what was going to be done to repair our warped walls and sinking floors, with the building rocking like a teeter totter, making loud cracking noises.
I reminded the strata corporation that repairs were delayed after the last flood with an implication that they would be addressed with the building envelope project.
March 20, 2005
I wrote to the strata corporation and advised that our hall wall, which was warped following the flood, was now cracking, our doors, which were cut up and hung crooked during the flood restoration, still could not be latched or locked, and some sporadic electrical problems following the flood continued.
I asked again for a vote by council to decide when this structural damage would be repaired so as to permit us to answer "No" to the question on the disclosure statement for sale asking if an owner is aware of any unrepaired damage.
October 5, 2005
Since an engineer who had looked at the unrepaired flood damage in our unit informally suggested that a construction company could probably repair it, I requested that the strata corporation engineer be retained to verify this information in a written report to the strata corporation.
I offered to pay for the report if no structural damage was evident and reminded the strata corporation in this regard that structural issues from settlement were obvious from our sinking deck.
_______________________________ 2006
March 20, 2006
I wrote to another new strata council about damage to our property value and loss of use and enjoyment of our home, requesting once again that the warping and other flood-related problems be remedied.
May 2, 2006
I wrote to the strata corporation requesting an explanation for the failure to respond to my outstanding requests for structural repairs to our unit.
June 10, 2006
I wrote to the strata corporation to point out and ensure that not much, if anything, regarding our interior structural repair issues, should be new information to Council members, unless my correspondence was not passed on to them.
I reported drywall cracking above our north-east window and requested that the unrepaired damage following the floods from 510 be repaired without further delay.
I provided a list of damages not apparent prior to that flood, but easily apparent in the period immediately following it, including:
1. floors sinking following flood from unit 510's burst toilet tank, so visitors said, "My goodness! What’s that?"
2. walls warped following unit 510's washer overflow and burst toilet tank floods, so sliding doors jammed and required realignment and then promptly broke the hardware (and have never worked since)
3. floors warped, so door had to be cut for clearance
4. doors warped, so they won’t stay closed and don’t function properly, making locks useless
5. floor covering in kitchen ruined and warped in doorway (from multiple drain cleaner floods from unit 510's garberator whenever they prepared a holiday meal)
I complained that the strata corporation had us wait 2 years for the building envelope project until after the strata corporation’s flood claim insurance period expired, at which point in time the strata corporation told us to make a ludicrous claim for the outstanding repairs through our personal insurance, and that the strata corporation was now telling us that our warped floors, walls, and doors were just wear and tear, and that our sinking floor problem was just normal settlement, claiming that owners have to take care of such things on their own, as do-it-yourself projects.
I asked for a copy of any legal opinion that the strata corporation might have with respect to its structural repair policies.
My requests were futile, as usual.
July 16, 2006
I wrote to the strata corporation to ask that any resolutions or votes to deal with my outstanding requests for repairs be included in the minutes.
I asked that the minutes of meetings more accurately reflect: - sources for the cites used - outstanding requests - originating locations of floods - promptness of damage reports - delay in repairs, and - seriousness of the repairs required.
November 3, 2006
I wrote to the strata corporation to ask to see records of the insurance claims made as a result of Crane toilet tanks bursting. I requested that the flood damage to our unit be repaired without further delay.
November 4, 2006
I wrote to the strata corporation expressing concern about further harm to my lungs if exposed to toxic amounts of flooring compound in order to prepare for new floor coverings without the strata corporation repairing the structural damage to the substrate below.
_______________________________ 2007
January 27, 2007
I wrote to another new strata council as a reminder about the $5,000 insurance deductible the strata corporation paid for flood damage repairs to the other unit and attached a photo of our suitcase blocking the bedroom door to keep the cat out because the door won’t stay latched. I pointed out that the concrete column in our garage was out of plumb and that the concrete used in the supporting column appeared to be the type of mix that was supposed to be used for topping on the wood floor system in the upper units.
March 27, 2007
I pointed out to the strata corporation’s engineer, Tam London, the sinking circular area of our bedroom floor above the concrete column in the garage, the unstable substrate under our carpet where the floor structure flexes and there is nothing to screw it down to, the splitting wall in our hallway, and the doors warped so severely that they no longer latch to close off the entrances to our bathroom and bedrooms. I provided photos for reference.
I advised him of our concern with respect to the sale of our unit and the Real Estate Board’s Property Disclosure Statement for Strata Title Properties that asks under the STRUCTURAL section at 2. A., "Are you aware of any structural problems with any of the buildings on the property?" and at 2.G., "Are you aware of any leakage or unrepaired damage?" and with respect to obtaining repairs pursuant to the strata corporation bylaws and insurance I asked him whether to answer "yes" or "no" to the structural questions on the Property Disclosure Statement. As he was taking his instructions from the strata corporation he did not answer my question.
He did not say a word about our sinking floors, in spite of my specifically asking him to do so. The strata corporation's instructions were to report on whether the warping of our doors was a structural problem, and he didn't think so - pointing out that it could be easily remedied.
So from an engineering perspective not all structural damage causes a structural problem and certain elements of a building that are defined in a standard dictionary to be structural may be called fixtures. In any event, structural damage that poses a potential or immediate danger which must be answered is recognized as a structural problem.
However, our bylaws say structural damage, not structural problem, and the structural section of the property disclosure statement deals with damage and problem in 2 different questions - as the words damage and problem have 2 different meanings.
The material point to be made is that he did relate the cause of our unrepaired internal warping to the flood and that the insurance covers full replacement repairs of water damage and that the strata corporation has an ongoing duty to complete these repairs.
July 7 & 10, 2007
I wrote to the strata corporation to respond to a 5-page letter dated June 19, 2007, sent to me by Adrienne Murray, one of its lawyers.
She stated that the strata corporation was advised that the leveling of floors was an owner’s responsibility (she elected not to cite the source or own the statement - nevertheless, I believe that only a lawyer would be qualified or licensed to advise on such responsibility) and she reiterated the strata engineer's comment about the warping of our interior doors not constituting a structural "problem".
Without quoting any law, dictionary, or strata records, I pointed out as politely as I could that the floors in my neighbour(s) units were levelled by the strata corporation, and that doors, walls, and floors are defined as structural elements of a building; warping, splitting, and sinking are damages to the building that need repair; repair of the building is what our bylaws require, and failure to repair causes a problem. (Many problems actually.)
Ms. Murray claimed that a strata corporation may not make decisions that prefer the interests of one owner or that favour a particular owner at the expense of others - so I tried to get her to explain how in our unit the strata corporation could leave unrepaired walls, doors, and floors that were damaged entirely by others, while in other units it repaired similar damage that the owners themselves were responsible for. I asked why we have to pay strata fees and insurance premiums when we do not receive repairs that are at least reasonably equivalent to those of these other units.
She has not answered, and I am still waiting to find out why a lawyer would make statements that are so erroneous and damaging.
_______________________________ 2008
June 2008
A neighbour phoned me in her role as a member of council and asked if we had any interior damage, and I told her yes. I was very surprised that she was not aware of that already from all my correspondence.
I asked for her help - hoping for some even-handed treatment because I knew that she had direct personal experience with flood damage. This is because it was her own unit that generated such extraordinary attention when her toilet tank broke and attracted the big truck and 6 vans in attendance day and night for approximately one week of high priority service shortly after our unit was flooded.
I asked her to present a motion that the strata corporation repair the damage to unit 409's floors, doors, and walls, or in the alternative, to at least engage in a comparative inspection of her unit and ours for a report on the condition of the post-flood repairs to both units. She informed me that she knew nothing about our unrepaired damage. (It was at that moment that I realized that blogs like this may in fact actually be necessary - which is what triggered this blog's creation.)
I told her the basic facts and said that all of the details should be available in the strata records. I offered to provide them to her directly, but she told me she didn’t want to know anything about it and instructed me not to provide such information to her. This was disappointing and upsetting.
July 15, 2008
I wrote to the strata corporation outlining 36 attempts, made over a 60-month, 5-year period, to have the strata corporation repair the flood-related damage to our unit.
I reminded the strata corporation of the negative impact on my health from the behaviour of the strata corporation. I reported that I was correspondingly experiencing more sleep loss, headaches, and bowel spasms in relation to the strata corporation’s treatment of me.
August 28, 2008
The strata corporation responded by writing, "Unless you have an emergency, please do not continue to harass the Strata Council by inundating them with your correspondence."
November 10, 2008
I wrote to the strata corporation in follow up to my email of August 30, 2003, reminding them that in that email I advised that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
I informed council that when the carpet was relaid there was a noticeable lump across the seam between the hallway and dining room, that the lumpy seam since collapsed into a noticeable sunken seam, and wear marks were showing in the areas where the warped doors had been dragging across the pile. I said the rest of our carpets and seams were still fine, but just as we had discovered more cracking in the closet the previous week, none of the damage was fixing itself.
December 3, 2008
I attended the December 3, 2008, meeting of council as an observer. The chair prevented me from observing how my letter was presented and dealt with by council. He alleged that the portion of the meeting open to observers was concluded and claimed that I had to leave the meeting.
Our strata bylaws state:
Council meetings
20.4 Owners and spouses of owners may attend council meetings as observers.
20.5 Despite bylaw 20.4. no observers may attend those portions of council meetings that deal with any of the following:
(a) bylaw contravention hearings under section 135 of the Act;
(b) rental restriction bylaw exemption hearings under section 144 of the Act;
(c) any other matters if the presence of observers would, in the council's opinion, unreasonably interfere with an individual's privacy.
I see no legitimate reason for the chair to exclude me from the meeting while my letter was discussed. Based on previous experiences with defamatory and/or fraudulent misrepresentations made behind my back to mislead members of council - and indications that certain members of council were deprived of copies of my letters - I suspect that it was primarily, if not solely, to deprive me of the ability to defend against more of the same misconduct.
_______________________________ 2009
April 2009 AGM
I released more blogs to the owners for their information and council resolved to hire a lawyer. The strata has, in fact, hired many lawyers over the years, while I have repeatedly sent ongoing reminders continually asking the strata to complete the water damage repairs that it started in 2003.
************************
After over 5 years of various misrepresentations by strata corporation agents, we are still requesting structural repairs in accordance with the laws of the land - still trapped in limbo - still unable to cost effectively install new floor coverings and toilets until the damaged substrate is repaired, and unable to sell our unit at fair market value until the unrepaired structural damage is repaired.
Water damage repairs provided in unit 409:
- rental of industrial heaters, dehumidifiers, and blowers for approximately 5 days;
- delivery, removal, and electric costs;
- multiple trips over a 3-month period;
- removing our swing doors, making adjustments to them with a saw, and replacing them;
- removing, drying, cleaning and reinstalling carpets;
- repairing drywall;
- painting walls and ceilings - upstairs and downstairs;
- repeatedly removing and replacing our sliding doors and floor tracks;
- cracked walls, warped doorways, crooked, damaged doors;
- crooked, sinking floors;
- damaged floor coverings.
Please forgive me for ranting - but what pray tell gives Mr. Mac's broken fireplace tile and his other special interests, including funding illegally added extra decks, destruction of landscaping and stockade style fencing priority over our strata lot's:
- warped doors
- sinking floors
- splitting walls
- broken sliders
- damaged floor coverings
- defectively installed tub and ceiling fan
- defectively installed exterior siding
- defectively modified exterior water taps
- defectively modified exterior door style
- defectively modified exterior lighting
- defectively modified strata deck
- defectively modified landscaping
- loss of trees and geotechnical stability
- repeatedly sinking building
Strata Property Act
Part 5 — Property
Division 1 — General Property Matters
Repair of property
s.72 (3) The strata corporation may, by bylaw, take responsibility for the repair and maintenance of specified portions of a strata lot.
Part 9, s.149
The strata corporation must obtain and maintain full replacement value insurance against water damage to buildings shown on the strata plan, and fixtures in a strata lot built installed by the developer as part of the original construction.
***
Bylaws, Strata Plan NW 2671- Sunridge Estates
The following extract is taken from the bylaws filed in the Land Title Office on February 5, 2002, under number BT41643, and a consolidation of all amendments up to and including Dec/08 as filed on Jul 18/05, Mar 9/07, and Apr 28/08:
Powers and Duties of Strata Corporation
11 Repair and maintenance of property by strata corporation
The strata corporation must repair and maintain a strata lot, but the duty to repair and maintain it is restricted to the structure of a building ...
***
WHAT IS THIS SUPPOSED TO MEAN??
Well based on looking up words in a dictionary, structure of a building seems to include doors, repair seems to refer to damage, damage is harm, loss, or impairment, and insurance is transferring risk to a group larger than one.
http://www.thefreedictionary.com/
door
A movable structure used to close off an entrance, typically consisting of a panel that swings on hinges or that slides or rotates
repair
To restore to sound condition after damage or injury
damage
Harm or injury to property or a person, resulting in loss of value or the impairment of usefulness
Black's Law Dictionary
damage
Loss, injury, or deterioration caused by the negligence, design, or accident of one person to another, in respect of the latter's person or property
http://www.accountingglossary.net/
insurance
Insurance is a way to make an individuals financial losses more affordable by transferring them to a large group of people through an intermediary called an insurance company and a legal contract called a policy
full replacement value
Coverage that pays the full replacement value for a covered loss rather than just the initial cost less wear and tear or depreciation
We do not understand how the damage to unit 409 became our responsibility when it was caused by an accident in the unit above us at a time when damage to unit 227 from an accident inside of that unit was not the responsibility of the owner of that unit - and when we have continually paid more for mandatory strata insurance for decades than most, if not all, other owners - including units 227 and 510, the sources of the accidents from which the water damage flowed. From what I can see, it's not fair.
****
In addition and most importantly, pursuant to section 149 of the Strata Property Act, it is mandatory that the strata property insurance cover not just the buildings, but also the fixtures installed as part of original construction - even when they are owned by the strata lot owner:
Strata Property Act
Part 9 — Insurance
Property insurance required for strata corporation
149 (1) The strata corporation must obtain and maintain property insurance on
(a) common property,
(b) common assets,
(c) buildings shown on the strata plan, and
(d) fixtures built or installed on a strata lot, if the fixtures are built or installed by the owner developer as part of the original construction on the strata lot.
...
(4) The property insurance must
(a) be on the basis of full replacement value, and
(b) insure against major perils, as set out in the regulations...
****
Strata Property Regulation
B.C. Reg. 43/2000 O.C. 130/2000
Part 9 — Insurance
Definitions for section 149 of the Act
9.1 (1) For the purposes of sections 149 (1) (d) and 152 (b) of the Act, "fixtures" means items attached to a building, including floor and wall coverings and electrical and plumbing fixtures, but does not include, if they can be removed without damage to the building, refrigerators, stoves, dishwashers, microwaves, washers, dryers or other items.
(2) For the purposes of section 149 (4) (b) of the Act, "major perils" means the perils of fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft and vehicles, vandalism and malicious acts.
[am. B.C. Reg. 265/2000.]
All of the water damaged building structure and fixtures in unit 409 were built or installed by the owner developer as part of the original construction on the strata lot.
The strata agent, Stratawest, did not file an insurance claim for the water damage to unit 409 before the time to do so expired and since then my requests to access the written contract for the relevant insurance cover were repeatedly obstructed and refused for years in spite of my writing for a copy, providing a cheque in payment at the rate of $.25 per page as set out in the regulations, and attempting to attend at the strata records office pursuant to the Strata Property Act, as set out below:
