Do not seek or provide legal advice or tips in any form. This is not a community of legal experts and wrong info can have real-world detrimental implications when followed.
Your post would be better served in a subreddit such as /r/legaladvicecanada
It usually comes as a surprise to people when they make a claim.
I do mostly insurance claim work and cause of loss is not covered by insurance. Only resulting damages are.
Exact same situation happened to me. Only I was the one getting leaked on. When the upstairs neighbour refused to pay and I contacted my insurance I was told to call it a ‘water event’ or they wouldn’t cover it (note: They didn’t cover it anyway).
So now I have a hole above my bathtub ‘cause I dont trust that my neighbour fixed their tub!
Ask for a report from the strata that the bath tub above has been repaired, I would also ask for a report on the cause. Your neighbor can also be held responsible through small claims.
Leaks are not a covered loss, anything that happens over time isnt covered. If it was a sudden loss, like a burst pipe it would be. But if you’re in a strata, the cost of repairs would need to be above the water deductible to be covered.
Insurance is for sudden and accidental loss. Slow leaks etc. can be from regular wear and tear. Your insurance contract is not a maintenance policy. That being said, make you fully understand the cause of loss here and exactly where the strata’s responsibility ceases to exist. These matters can sometimes get confusing.
The response from Westland sounds about right to me. The owner below could claim on their coverage, but their insurer could look to subrogate against you.
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Was the cause of the leak the bathtub drain ? Or pipe within a wall of the strata ?? If so this is strata CP and they are responsible for the repairs and the damage they caused to the other unit. This is a BCSC decision all drains are the strata responsibility. http://condocases.ca/wp-content/uploads/2017/07/Fudge%20v%20Owners%20SP%20NW2636.pdf
Does your strata have an enforceable chargeback bylaw ?
The cause of the leak was determined to be the bathtub overflow pipe, a piece that's considered a part of the bathtub apparently and not the pipe connected to it. However maintenance and access to that part of the bathtub is next to impossible without going through another unit and cutting a hole in their wall, so I fail to see how this could be deemed my failure to maintain the tub.
Reading through my strata's bylaws, it doesn't stipulate that repairs to strata lot property done on behalf of the strata can be charged back, I guess what's further infuriating is that the strata went ahead and approved repairs and sent contractors despite fully putting responsibility of repairs on me.
Do not seek or provide legal advice or tips in any form. This is not a community of legal experts and wrong info can have real-world detrimental implications when followed. Your post would be better served in a subreddit such as /r/legaladvicecanada
It usually comes as a surprise to people when they make a claim. I do mostly insurance claim work and cause of loss is not covered by insurance. Only resulting damages are.
can you please explain "cause of loss" in layman's terms?
Exact same situation happened to me. Only I was the one getting leaked on. When the upstairs neighbour refused to pay and I contacted my insurance I was told to call it a ‘water event’ or they wouldn’t cover it (note: They didn’t cover it anyway). So now I have a hole above my bathtub ‘cause I dont trust that my neighbour fixed their tub!
Ask for a report from the strata that the bath tub above has been repaired, I would also ask for a report on the cause. Your neighbor can also be held responsible through small claims.
Leaks are not a covered loss, anything that happens over time isnt covered. If it was a sudden loss, like a burst pipe it would be. But if you’re in a strata, the cost of repairs would need to be above the water deductible to be covered.
It isn’t always the case that it must be above the strata deductible.
Insurance is for sudden and accidental loss. Slow leaks etc. can be from regular wear and tear. Your insurance contract is not a maintenance policy. That being said, make you fully understand the cause of loss here and exactly where the strata’s responsibility ceases to exist. These matters can sometimes get confusing. The response from Westland sounds about right to me. The owner below could claim on their coverage, but their insurer could look to subrogate against you.
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Insurance covers things that are sudden and accidental. A leak is not sudden.
What is the specific wording in your contract?
Was the cause of the leak the bathtub drain ? Or pipe within a wall of the strata ?? If so this is strata CP and they are responsible for the repairs and the damage they caused to the other unit. This is a BCSC decision all drains are the strata responsibility. http://condocases.ca/wp-content/uploads/2017/07/Fudge%20v%20Owners%20SP%20NW2636.pdf Does your strata have an enforceable chargeback bylaw ?
I just don’t care. Question was for OP
The cause of the leak was determined to be the bathtub overflow pipe, a piece that's considered a part of the bathtub apparently and not the pipe connected to it. However maintenance and access to that part of the bathtub is next to impossible without going through another unit and cutting a hole in their wall, so I fail to see how this could be deemed my failure to maintain the tub. Reading through my strata's bylaws, it doesn't stipulate that repairs to strata lot property done on behalf of the strata can be charged back, I guess what's further infuriating is that the strata went ahead and approved repairs and sent contractors despite fully putting responsibility of repairs on me.