Can a strata recover damages from a property owner who causes damage to common property or strata lot?
British Columbia, Canada
The following excerpt is from Boothroyd et al v. The Owners, Strata Plan VR 2402, 2019 BCCRT 1009 (CanLII):
29. The strata relies on bylaw 35(3) which, as describe above, says owners must pay for any damage to common property or a strata lot if the damage was caused by their acts, omissions, negligence or carelessness. I find that the language used in this bylaw imports a negligence standard, which means that if the strata wants to recover its costs, it must establish that the respondent owners were negligent. See The Owners, Strata Plan BCS3084 v. Goldin, 2019 BCCRT 793, and cases cited therein.
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