Is a strata liable to reimburse an owner for expenses incurred to repair the interior of the strata lot?

27. Unless it is found negligent, the strata is not responsible to reimburse an owner for expenses an owner incurs to repair the interior of a strata lot (see for example, Vasilica v. The Owners, Strata Plan NW 17, 2018 BCCRT 216). This is because the strata is not an insurer.

28. In order to succeed in an action for negligence, the owners must demonstrate that the strata owed them a duty of care, that the strata’s behaviour breached the standard of care, that the owners sustained damage, and that the damage was caused, in law and in fact, by the strata’s breach of care (see Mustapha v. Culligan of Canada Ltd., 2008 SCC 27).

29. It is generally accepted that a strata corporation owes a duty of care to its owners to maintain and repair common property and common assets to a standard of reasonableness. (See for example the tribunal’s decision in Di Lollo v. The Owners, Strata Plan BCS 1470, 2018 BCCRT 2; though it is not binding I find its analysis useful.)