Strata responsible for decks damaged by power-washer

Dear Tony: Our strata corporation has a bylaw that says the owners must maintain and repair limited common property. Our balconies are designated as limited common property, and this summer, the strata hired a company that washed our siding and then power-washed every balcony, deck and patio area.

Now several owners are concerned about the damage caused by the power-washing, and several leaks have shown up from torn deck covers to the units below.

The strata council said it’s our problem to get the deck membranes repaired or replaced, as the bylaws require owners to maintain and repair common property.

The decision of council to have decks power-washed was challenged by several owners, who were threatened with a police complaint at the time if they interfered with the contractors.

Our strata president and treasurer are both bullies and have virtually no experience. Because the damage was obviously caused by the carelessness of the contractor and the council, why should owners do these repairs? Lynn R. This is a common misunderstanding of how limited common property bylaws are applied. Like the standard bylaws of the Strata Property Act, your bylaws require owners to do the maintenance and repair of limited common property (LCP) that occurs once a year or more frequently.

It also requires the strata corporation to take on all maintenance and repair required less than once a year for decks and balconies on the building.

Your strata council obviously tried to take the cheap route and does not understand your bylaws. It was the responsibility of each owner to wash their LCP surface, clear drains and ensure the area is not damaged by their use.

The strata corporation is responsible for replacing the deck membranes when their life cycle is finished, as well as replacing them if they were damaged by the contractor hired to wash down your building.

It is possible to amend the bylaws to make owners responsible for LCP areas such as decking; however, every time a strata corporation attempts to download the responsibility and authority to repair and maintain outdoor components, the result is disastrous.

We live in condos so we don’t have to clean the gutters, cut the grass, paint the siding, wash the windows and shovel the snow. Condo owners don’t do exterior repairs, and if they try, the results are often improper or insufficient.

If your owners are maintaining their decks, provide them with instructions to ensure they are not damaging the property. Power washers, if managed with the correct pressure and proper skills, can be safely used to clean building surfaces, but soft membranes with waterproof seams, and caulking around doors, windows and deck-membrane flashings, are extremely vulnerable to damage.

The spray from a garden hose is often more than sufficient with soft brushing. Before you aggressively wash your building surfaces, contact the manufacturer or installer of the deck membranes.

They should be able to provide you with maintenance instructions, along with a list of cleaning products or chemicals that might be safe to use on deck surfaces and safe for the environment.

Before exterior maintenance is downloaded to your owners, check your bylaws to determine who is responsible.