By Ramon Gutierrez, PREC
Sometimes the strata is responsible, sometimes you are, and the answer depends on three things: where the pipe is, what it serves and what your building's bylaws say. Owners usually learn this the hard way, at two in the morning, with water coming through the ceiling of the unit below. You can learn it from the documents instead, before you buy.
The strata plan defines where your strata lot ends and the common property begins. In many buildings, the boundary runs through the middle of the walls, floors and ceilings around your unit. What is inside your strata lot is generally yours to repair. What is outside it is generally common property, which the strata repairs.
Pipes complicate this, because they run through walls and floors. The Strata Property Act treats pipes, wires and similar services that are inside the boundaries but serve more than one strata lot, or the common property, as common property. A pipe that serves only your unit may be your responsibility even if it is inside a wall.
Every strata has bylaws. Many follow the Standard Bylaws under the Act, and many have changed or added to them. The bylaws usually say that an owner must repair and maintain their own strata lot, and that the strata repairs common property and certain parts of limited common property.
Some buildings go further, with bylaws about specific items: the water heater, the dishwasher hose, the toilet supply line, the valve under the sink. Some make the owner responsible for those items, and some require them to be replaced on a schedule. Read the bylaws in full, including any amendments filed at the Land Title Office.
Limited common property adds one more layer. A balcony, a patio or a parking stall can be common property set aside for one owner's use, and the bylaws may make that owner responsible for some of its upkeep. A balcony drain that backs up into the unit below is a classic example of a question that the bylaws, not common sense, will answer.
Repair responsibility and insurance are two different questions. The strata corporation carries insurance on the building, and when a covered loss happens, such as a burst pipe, the strata's policy may respond. But every policy has a deductible, and in many BC buildings water damage deductibles have become significant.
The bylaws may allow the strata to charge the deductible back to the owner whose unit the leak came from, depending on the circumstances. That is why your own condo insurance matters. Ask your insurance broker specifically about coverage for the strata deductible, for water damage and for damage to other units. Ask the strata manager for the insurance summary so you know what the building's deductible is.
Ask for the bylaws, the minutes and the insurance summary. In the minutes, look for repeated leaks, discussions about re-piping, or warnings to owners about water heaters and appliance hoses. A building that has had several water claims may be facing higher premiums and deductibles. If the plumbing system is near the end of its life, the depreciation report should say so, and the reserve should be ready for it.
During your inspection, ask the inspector to look at the visible plumbing, the water heater and its age, and any signs of past water damage. If something looks like it has been repaired, ask who repaired it and whether it was reported to the strata.
I would treat plumbing as a question to answer during the subject period, not after completion. I read the bylaws for anything about water, check the minutes for a history of leaks, and make sure the buyer's own insurance covers the strata deductible.
Then I tell new owners something simple: know where your shut-off valve is, replace old supply lines, and report leaks immediately. Most water damage disputes I have seen started small and became expensive because nobody acted until it was too late.
Thinking about buying or selling in the Fraser Valley? Message me and we will go through your options.
Every property and every household is different. Ask Ramon directly.