A Burnaby condo owner has won a battle against his strata over a leak from his toilet that damaged another apartment.
The strata at the Lougheed area Silhouette apartment highrise charged Zuozhi Zheng more than $3,870 for emergency repairs after water from his toilet leaked into the apartment directly below his, according to a recent Civil Resolution Tribunal ruling.
Zheng appealed to the tribunal, arguing he was not liable for the cost of the emergency repairs because he was not negligent.
The leak was caused by a failure of the toilet's wax ring, which is designed to create an airtight seal between the toilet and the floor to prevent leaks and sewer gas from escaping.
"Mr. Zheng says he was not aware of the toilet wax seal's failure and he took immediate action upon learning of it," stated the ruling.
The strata argued Zheng was liable because the toilet wax seal is not common property and replacing it is an owner's responsibility.
But tribunal member Maria Montgomery disagreed.
Based on previous court and tribunal rulings as well as the strata's bylaws, she said Zheng would only be liable if the strata proved he had been negligent.
She ruled it hadn’t.
"There is no evidence that the toilet seal failed from an action or omission of Mr. Zheng," Montgomery said. "There is no indication that Mr. Zheng could have known that the toilet wax seal was faulty."
She noted Zheng had acted immediately when he learned of the leak by not using the toilet and arranging to have the wax seal replaced.
"I find Mr. Zheng acted reasonably in the circumstances," she said.
While the strata said it had implemented a toilet wax seal program and advised owners on "multiple occasions" to replace the seals, Montgomery said the strata had not provided proof of the lifespan of the seals or that Zheng knew his toilet's seal needed to be replaced.
She ordered the strata to remove the $3,872.91 charge from Zheng's account and pay his tribunal fees.
The CRT is an online, quasi-judicial tribunal that hears strata property disputes and small claims cases.
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