The former owner of a Â鶹´«Ã½Ó³»condo must pay the strata corporation’s $25,000 insurance deductible after her son struck a fire sprinkler, B.C.’s Civil Resolution Tribunal has ruled.
Tribunal vice-chair Eric Regehr said in his that Carol DeBoer used to own a unit in the Fraser Street strata.
Regehr said that, in late 2020, there was a significant leak in the strata that damaged common property and multiple strata lots.
The strata made an insurance claim, and its insurer charged a $25,000 deductible, Regehr said.
The strata then charged the deductible to DeBoer, an amount she paid when she sold the unit.
However, DeBoer disputed that she was responsible for the deductible and sought an order that the strata pay it back.
Glass bulb on sprinkler
The strata, though, said it was authorized to charge the deductible to DeBoer because she was responsible for the leak.
The leak occurred on Oct. 7, 2020 when DeBoer’s son hit the glass bulb on the fire sprinkler in the unit’s laundry room with a piece of drywall during renovations.
Regehr said the strata wrote to DeBoer Oct. 26, 2020 saying the sprinkler discharge had damaged her unit, common property and a commercial strata lot below.
The strata said that if the damage was over $25,000, the strata would make an insurance claim and charge the deductible to Ms. DeBoer under section 158 of the Strata Property Act (SPA)
On June 18, 2021, Belfor Property Restoration sent the strata an invoice for the $25,000 deductible.
On June 28, the strata wrote to DeBoer confirming it had charged the deductible to her under the SPA.
'No authority to make promises'
DeBoer denied receiving both letters which went to the strata address where her son was living.
“I find that the most likely explanation is that the strata mailed the letters, but Ms. DeBoer’s son did not give the letters to her,” Regehr said.
She only found out about the charge when she read council minutes.
She said a Belfor employee told her the strata would pay the deductible.
"I agree with the strata that Belfor is the strata’s contractor with no authority to make promises on the strata’s behalf,” Regehr said. “So, I find that nothing turns on what the Belfor employee told Ms. DeBoer.”
Her son was the tenant in the suite. Regehr ruled she was responsible for the tenant’s conduct.
“I find that Ms. DeBoer is responsible for the deductible . . . because her tenant caused the leak by hitting the fire sprinkler. On that basis alone, she was required to pay the deductible,” Regehr said. “I dismiss her claim.”
