B.C.’s Civil Resolution Tribunal has awarded a B.C. strata $11,070 for repairs after a vehicle ran into a carport column.
Tribunal member Mark Henderson said the Surrey strata corporation sought that amount from Seth Mantey Adjei and Georgina Mantey Adjei for the damage.
The strata said a resident of the Adjeis’ unit hit the column July 22, 2021, causing damage. The strata said it hired a property service company and a structural engineer to repair the column.
The Adjeis didn’t deny the incident but said ICBC is required to pay for the repair costs, and that the strata should deal with the insurance corporation
The strata sent the Adjeis a letter Aug. 9, 2021, notifying them of a potential bylaw violation regarding the column damage.
The letter advised them to contact ICBC to start an insurance claim. It also informed them of their opportunity to dispute the complaint in writing or by requesting a hearing at the next council meeting.
“There is no evidence the respondents disputed the complaint or requested a hearing,” Henderson said.
On Feb 18, 2022, the strata notified the Adjeis that it was charging them $11,070.98 for the repair costs and provided invoices from the companies that did the work.
As the Adjeis did not dispute that someone hit the column, tribunal member Henderson found one of them, a family member, tenant or visitor contravened a strata bylaw by damaging the carport column.
“This makes the (Adjeis) liable . . . to indemnify the strata for the damage,” Henderson said.
The Adjeis said ICBC told them the strata needed to start a claim for the repair cost, something they were told several times.
“I find that the (Adjeis) did not prove they communicated ICBC’s advice to the strata that the strata needed to start a separate claim for damages,” Henderson said.
He said any miscommunication with ICBC did not affect the fact that the strata was entitled to claim for damages. Henderson said the strata was also entitled to $1,200 in pre-judgment interest.
