Can a strata corporation be held liable for negligence or breach of contract for failing to hire a professional to perform repairs?
British Columbia, Canada
The following excerpt is from Dolnik v. The Owners, Strata Plan LMS 1350, 2022 BCCRT 136 (CanLII):
74. Put another way, in Slosar v. The Owners, Strata Plan KAS 2846, 2021 BCSC 1174, the court said that the reasonableness of a strata corporation’s repair decisions must be assessed based on what the strata corporation knew when it made the decision, not with the benefit of hindsight. The court also noted that strata corporations are governed by strata councils, which in turn are made up of volunteer owners who are not expected to have expertise in building maintenance or repair. It is therefore expected that a strata council will hire experts to give advice, make recommendations, and undertake repairs. If a professional gives bad advice or performs substandard work, the strata will not be liable for their negligence as long as it acted reasonably in the circumstances.
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