What is the applicable standard of care for maintaining the roof gutters?
British Columbia, Canada
The following excerpt is from Zhu v. The Owners, Strata Plan EPS3046, 2021 BCCRT 1108 (CanLII):
25. What is the applicable standard of care for maintaining the roof gutters? In Weir v. Owners, Strata Plan NW 17, 2010 BCSC 784, the court indicated that courts should be cautious before interfering with the manner in which the strata decides to carry out its duty to repair and maintain CP. The court said that the strata may consider the cost and impact to owners of different solutions, and may select among “good, better or best” solutions without breaching its repair and maintenance duties. Oldaker v. The Owners, Strata Plan VR 1008, 2007 BCSC 669 at paragraph 54 confirms that strata corporations are held to a standard of reasonableness in their repair and maintenance obligations. I find that the strata was required to reasonably maintain the roof gutters.
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