A Vancouver woman has lost her bid to be paid out $750,000 by her strata after water entered and damaged her unit.
Sharmila Jobanputra alleged the strata failed to repair her unit’s balconies, bathroom and kitchen, according to a recent decision before the B.C. Civil Resolution Tribunal.
In his July 18 decision, tribunal vice-chair Eric Regehr said Jobanputra had asked for orders that the strata do certain repairs and pay a total of $158,670: $420 to paint and adjust a bathroom door, $6,500 in increased electricity costs, $25,000 for compromising the safety of the unit’s residents, and $126,740 for the loss of the unit’s property value.
Jobanputra also asked for $500,000 in damages for what she alleged were the strata’s breaches of the Strata Property Act (SPA). The owner claimed the strata wrongfully imposed a series of special levies for building repairs, and with damages for economic hardship and stress, requested an order for the strata to pay her another $90,000.
The case dates back to 2018, when the strata approved repairs to the unit. But repeated delays — first because a contractor pulled out and then because of the COVID-19 pandemic — meant work wasn't scheduled to begin until August 2022. Jobanputra then said the timing didn't work for her.
The work was once again rescheduled for September, but five days before it was to begin, she emailed the strata asking it to postpone the work for “a couple of months” due to an unspecified family emergency.
The strata said that it attempted to repair the balconies, but Jobanputra refused access. The strata also said that it reasonably investigated the other issues Jobanputra raised, and that they do not fall within the strata’s responsibilities.
“I find that the ongoing delay is due to Ms. Jobanputra’s unreasonable behaviour,” Regehr said. “I agree with the strata that it should not be held responsible for these delays.”
Jobanputra also claimed that the strata had failed to follow SPA rules around banking and finances. The strata admitted its compliance might have been imperfect, but said any breaches were minor and technical in nature, and that no remedy is warranted.
“The strata denies any unfair treatment,” Regehr said. " I agree that the strata breached the SPA in numerous ways in how it presented, approved, and collected the 2018 special levies."
Regehr said the way the strata dealt with the special levies was invalid, but turned down Jobanputra's call for an audit. He gave the strata 30 days to prepare an updated budget and financial statement that complies with the SPA.
Regehr also found Jobanputra had a right to see strata financial records, and that some strata funds had been going through the treasurer’s personal bank account — something he described as “improper.”
In dismissing the claim, Regehr ordered the strata provide six years of cancelled cheques but found the situation did not give Jobanputra the right to review personal bank statement.
