Can a strata corporation claim an indemnification from an owner for the expenses incurred to investigate and repair the source of a leak?

32. Although the owner did not specifically raise it, I have considered whether the bylaw captures investigation expenses. I find that the “expense of any maintenance, repair or replacement rendered necessary” includes the reasonable expenses of investigating the source of the leak and the need for repair. This interpretation is supported by the surrounding wording of the bylaw, which says the strata may take such steps as it deems necessary to remedy the damage. I find that such necessary steps will normally include investigation to identify the source of the leak. This interpretation is also supported by Louie v. The Owners of Strata Plan VR-1323, 2015 BCSC 1832, where the strata successfully counterclaimed for the costs incurred to investigate and remedy damage caused by a fire. In those bylaws, the owners similarly indemnified the strata corporation for “any maintenance, repair or replacement” rendered necessary to any strata lot.