Is a strata corporation's duty to repair and maintain an infrastructure that causes a unit to flood?

The duty to repair and maintain can involve a duty to replace. In Fudge v. Owners, Strata Plan NW 2636, 2012 BCPC 409, the plaintiff’s strata unit flooded as a result of a backup in the strata corporation's wastewater pipeline infrastructure (“WPI”). The court found the strata corporation had failed to “make good” deficiencies in the WPI. There, by failing to replace the four-inch piping that comprised much of the WPI with six-inch piping, the strata corporation had failed in their statutory duty to “maintain” the WPI. The court found that replacement was necessary to enable the wastewater system to properly function.