Strata should pay for drainage problems

Dear Tony: Our strata corporation is a mid-rise apartment building of 12 floors constructed in 2002.

I live on the fourth floor and since August, I have had chronic issues with soap suds in my kitchen sink and slow drainage in my tub.

I recently had a backup into my unit causing significant damage, including destroying the original carpets and the kitchen cabinets. The strata council and property manager told me to hire a plumber to snake out my lines and clear the clogs.

I was advised that this would be my cost, as the amount was below the strata insurance deductible. This seems very unfair. The plumber identified the clog as being almost 35 feet from my unit and likely in a main line. He provided me with written information to give to my council.

The council is still denying that it is their problem. I have also heard from several other owners between the first and eighth floors who are having the same drainage problems and have written letters to the council complaining about it.

I thought the drainage piping in the building was the responsibility of the strata. Shouldn’t it be the responsibility of the strata council to maintain this system?

Holly B., Burnaby You are correct. Here is the definition of common property from the Strata Property Act that every strata council, manager and owner need to understand.

Common property means: a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located within a floor, wall or ceiling that forms a boundary between a strata lot and another strata lot, between a strata lot and the common property, or between a strata lot or common property and another parcel of land, or wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property.

In your strata building, as in most apartment-style buildings, the drainage systems under the definition are common property. The strata corporation must maintain and repair common property and this includes frequent cleanouts and flushing of drainage systems.

Drainage systems for roofing and internal discharge should be cleaned at least every two or three years, or more frequently, depending on the nature of use and exposure.

Because strata councils and managers frequently change, it’s common to forget about maintenance if the strata corporation does not maintain a written operations plan.

If a strata corporation is properly maintaining its building systems, it will have a schedule of annual maintenance services. These schedules are essential for budget planning, as well.

Owners are entitled to request copies of the correspondence between owners and the council relating to drainage complaints. This is will help identify if the strata corporation has responded to common property failures.

You can request copies of maintenance or service calls to find out if the corporation actually maintained the drainage systems of your building.

The maintenance of common property is the responsibility of the strata corporation, not an owner. If an owner, as a result of inappropriate use or misuse, is responsible for damages, the strata corporation can recover those costs from the owner.

Owners can commence a claim with the Civil Resolution Tribunal to recover their costs in the event the strata corporation has been negligent in maintaining and repairing common property, or seek an order for the corporation to maintain the common property.