Is a strata entitled to reimburse an owner for expenses incurred in carrying out repairs to their strata lot?

67. The strata is not an insurer and has no liability to reimburse an owner for expenses that the owner incurs in carrying out repairs to their strata lot that are the owner’s responsibility under the bylaws, unless the strata has been negligent in repairing and maintaining common property: Basic v. Strata Plan LMS 0304, 2011 BCCA 231.

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