A property owner in BC will receive thousands of dollars from Strata Corporation after he was charged plumbing fees and a deduction for a sewer backup in his kitchen sink.
The province’s civil decision tribunal ruled in favor of Tiger Tang, who said his layers cost more than $ 15,700 after sewage returned and spilled from his kitchen sink in 2020. Tang said no. he should have been charged this amount, as the blockage occurred in the sewer, which is in a common property.
However, the strata defended the indictment, saying it was issued because “the kitchen sink leak was clogged with grease and the plumbing siphon adapter and waste basket were broken.”
The tribunal heard the charges were calculated by deducting $ 15,000 in insurance after the overflow caused about $ 130,000 in damage. It also includes a plumbing repair fee of about $ 740. Tang paid the fees in 2021 because he wanted to refinance his property.
Tribunal member Kate Campbell wrote in her ruling last week that Tang had not received adequate notice of the allegations and said they had simply been added to Tang’s account. Campbell decided that the layers should notify the allegations in writing to allow him to respond.
Campbell writes that the statute of the stratum does not allow Tang to be charged for both the plumber’s fee and the deduction, as the plumber’s fee does not appear to be part of the deduction.
But even the deduction should not be Tang’s responsibility, Campbell decided. The plumber’s report, summarized in Campbell’s decision, estimated that “the blockage started at seven feet and continued for another 20 feet.”
“I find that this proves that the blockage occurred in the sewer pipe (common property) and not in a pipe that was part of Mr. Tang’s layers,” Campbell wrote.
After weighing the evidence before me on the balance of probabilities, I find that it does not prove that Mr. Tang or his guests are responsible for the blockage of the pipeline on September 1, 2020. I therefore find that Mr. Tang is not responsible for the payment “
The stratum was ordered to pay Tang a little over $ 16,000, covering fees, CRT fees and some interest.
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