A leak from the unit above at 2 a.m. in a BC strata

Water through a ceiling is the call every strata manager expects. Here is what the BC rules say about the first hours, drawn from the Strata Property Act and the BC government's guidance on strata emergencies.

Getting into the unit

Under the Standard Bylaws, owners and tenants must allow entry by an authorized person without notice when it is needed to ensure safety or prevent significant loss or damage.

Paying for the first response

Section 98 of the Strata Property Act lets the strata spend from the operating fund or the contingency reserve fund without the usual approval when there are reasonable grounds to believe the spending is immediately necessary to ensure safety or prevent significant loss or damage. The amount must not exceed the minimum needed, and owners must be told as soon as feasible.

Under the Standard Bylaws, a council member may also spend money to repair or replace common property if it is immediately required, even without delegated authority.

Insurance

• The strata must maintain adequate insurance for common property and assets, and is responsible for informing owners about coverage and deductibles.
• Individual owners and renters are responsible for their own personal insurance.
• The BC government's guidance says using the contingency reserve fund to cover an insurance deductible does not need the usual approval, unless the strata has decided not to repair or replace the property.
• Section 158 of the Act deals with the insurance deductible. Who ends up paying depends on that section, your bylaws and your policy, so ask your strata's lawyer or insurer about a specific loss.

What to write down that night

The duty to tell owners about emergency spending is easier to meet when the night is already on paper. A useful record holds:

1. The time the resident called and the unit number.
2. What the resident reported, in their words.
3. What the resident was told to do, such as shutting a local valve.
4. Who on your team was alerted, and at what time.
5. Which plumber accepted the job, and at what time.
6. What is still open in the morning, such as access to the unit above.

On a real call, rushproof writes down each job, and the 7:02 a.m. report lists every job from the past 24 hours and how it ended.

Sources

• Handling emergencies in strata corporations, Government of British Columbia (published April 22, 2024).
• Strata Property Act, Part 6, section 98 (unapproved expenditures), BC Laws.
• Strata Property Act, table of contents, BC Laws. Section 158 covers the insurance deductible.

This page is general information about BC strata rules, written for property managers. It is not legal advice. Your strata corporation may have filed bylaws that differ from the Standard Bylaws, so check your own.