FIXING a leaky condo is one thing. Getting someone to pay for it is another — as many condo owners on the North Shore are dis- covering to their dis- may. First, determine how big a problem you’re dealing with. An expert can help. There are engineering firms in Vancouver that spe- cialize specifically in water leakage problems in condo- miniums. Tf you as an individual owner have water seeping through your walls or drip- ping onto your balcony, your “strata corporation” . may. be responsible for the . Tepairs. Individual owners are all members of the building's ~ strata corporation. and under the -. Condominium Acct, the stra- ta corporation is responsible for. managing and maintain- ing the common property, like the swimming pool, . hallways, lobby, etc. Generally, the strata cor- poration also has'a duty to maintain and repair the exte- i of the building. mw Often, however, a strata corporation is reluctant to assume responsibility for fix- ing water problems. Each owner is liable to the corporation for the repairs and maintenance according to the square footage of their own uni. Other owners may be loathe to ante up their share of vour repair costs, espe- cially if yours is the only unit with the problem, and vote against paying them. And water that originates elsewhere in a building is notorious for only migrating into one or two units. You and the corporation may have to go to arbitra- tion to reach a solution. The.arbitrator is usually someone expert in the field, and who has owned and lived in a condo for a year, unless you both agree to voices "glturday Apr 10 Liam-2pm NA. “Park Royal North » (beside Kddie Bauer) 922-5423 waive this condition. Arbitrations often take place in the building —~ in the common room — so the arbirrator gets the benefit of personally inspecting the problem. Arbitration is preferred, but vou can opt to sue the corporation. If the corporation has insurance, its insurers might pick up the tab, depending on the coverage and the par- ticular type of water prob- lem. But while insurance often covers damage from a burst water pipe, it may not insure damage from a slow, insidious leak or the costs to fix the cause of the prob- lem. The condo developer or sub-trades may also be responsible. Canadian law states that contractors owe a duty te 3500 Ceiling Latex: whites and tinted pastel colours *Our reg Low pres S2296' 5200 Satin Latex White, pastels & tinted medium colours (deep colours $26.57) *Dur reg. low price $28.96 5 ere low price: 15% 1 96 Oo" Exterior 7 F paint & Stain’ subsequent purchasers to take reasonable care in designing or constructing a building, if there’s a risk that defects would substantially endanger the occupants” health or safety. Recently, the owners of one condo” building i in West Vancouver sued the roofing contractor for $130,000 in repairs to correct leaks around their skylights, patios and window flashing. But the expert report unfortunately showed that the roofer wasn’t negligent in his work, so the condo owners lost their case against him. The court said they may have a good claim against the condo developer, but the developer was no longer around to recover any money from. Wednesday, April 8, 1998 — North Shore News — 13 dos need legal patience Jf you're nor the only owner with a problem, you may be able to get the strata corporation to suc on your behalf. The Condominium Act empowers a strata carpora- tion to suc on behalf of owners if certain conditions are met. Thar way, you can share legal costs. Water leaks rarely get solved right away. But patience, luck and good legal advice can help bring you closer to satisfic- tion in the end. — This column is written with the assistance of the North Vancouver law firm of. Ratcliff & Company, Suite” 500, 221 West Esplanade, 988-5201. The column pro- vides information only and is. not to be relied on for fegal advice. 6100. Interior Latex Eggshell : : White, pastels & tinted medium 77 colours (deep colours $2657) "2577 cel rem: low price $33.96 5300 ‘Semi-Gloss Latex 47 White, pastels & tinted medium 24! colours (deep colours $26.57) *Ouir reg. law price $34.96 5900 Outsider-Exterior Latex Flat. White & tinted colours *Our reg, bow price $31.96 232 | | Safety advice issued MORE than 400,000 copies of a public guide to preventing, recogniz- ing and reporting child abuse have been distrib- uted to to elementary schcols across — the province. . The information — is being provided by the Ministry for Children and Families. 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