July 23, 2003
My husband returned home, discovered Unit 409 flooded from Unit 510 above and immediately reported it to Strata Plan NW2671 via a phone call to Stratawest Management Ltd.
July 24-28, 2003
The strata corporation had Nordic Restorations remove our carpets and underlay and leave heaters, dehumidifiers, and industrial blow dryers running throughout our unit for 5 days.
We were dealing with unemployment at the time and had no escape to a daily job for temporary relief from the deafening noise and excruciating steam and heat.
The high decibel noise this equipment generated sounded like it must have been well over WCB work-safe levels, and it was continual 24-hours a day. The strata corporation left us with no hearing protection and not even a cautionary warning against harmful mold or the potential for hearing loss.
July 28, 2003
I discovered a 1999 report archived on the internet, which said that over 14,000 Canadian Crane toilet tanks had shattered and that Crane had lost a class action law suit. It warned that any toilet tank manufactured by Crane in Canada between 1980 and 1991 should be considered suspect.
I phoned Crane and discovered that the developer had installed toilets bearing one of the problem serial numbers, so I wrote to the strata corporation to request that owners be advised to contact Crane for toilet tank replacements before they burst.
The strata corporation eventually agreed to reimburse owners for the purchase and installation of replacement toilet tanks, up to a maximum amount of $45 each.
July 29, 2003
I wrote to the strata corporation to advise that our hall walls and ceiling were buckled, our bathroom door no longer cleared the floor, and the ceiling in the garage was water stained. I reported that Nordic had taken away their air movers and dehumidifiers and advised that their moisture testing indicated that our walls were dry.
July 30, 2003
I wrote to the strata corporation to report that we had cleared our schedule and stayed home that day as requested, but at 10:30 a.m., we were advised to cancel repairs until the next day and that restorations would not be finished until August 8 or 9, 2003.
July 31, 2003
I wrote to the strata corporation (twice) to report more floor, door, and wallpaper damage. I noted the floor was warped and sank when you stood on it, all our interior doors had to be removed and a door was warped and could not be closed. (Note: Strata's door response was to leave it warped and crooked and just saw off enough to open and close it.)
I asked why our unit was not dried out with air movers or dehumidifiers when water from the unit above had flooded us on previous occasions. I don't recall receiving an answer, but I later discovered invoices for floor leveling compound for unit 510, while the strata remains willfully blind to the related damage to unit 409.
August 3, 2003
I wrote to the strata corporation and reported that as of the day before our garage floor was still wet under my husband’s ruined papers, which had gone mouldy by the time we were able to remove them.
I expressed concern that the physical demands of moving household contents following the flood could cause irrepairable damage to my hips, since such heavy and prolonged weight bearing was identified as aggravating my congenital disabilities.
I asked why only one vehicle attended our unit just long enough to take out the carpets, leave air movers and dehumidifiers and test for moisture, when 6 vans and one large truck from On Side Restoration Service was now attending at another unit (227), day and night, including, but not limited to a Contents Division, Construction Division, and Carpet Division.
I asked how much the restoration service for the other unit was costing and how long it was expected to take in comparison to ours. I could not tell whether the strata corporation made hotel arrangements for the occupants, however, I requested even-handed treatment.
I received a response that contained no meaningful answers other than a claim that this treatment was even-handed.
August 5, 2003
The Strata Corporation wrote to owners saying that the strata corporation and its agents and insurers would accept no further responsibility or liability for damages resulting from a failed Crane toilet tank.
August 7, 2003
A lady on council told me verbally that unit 227 was receiving so much attention because it was wet for 2 days before anything was done. I wondered - who knew - and if they knew for 2 days - why the delay? When we were away we did not know how long the water was running - nor how long our unit was wet - but we reported it as an emergency as soon as someone came home. Whatever the period of time that unit 409 may have been left wet, it was too long, as the photos of the unrepaired damage to the building so clearly show.
I wrote to the strata corporation to ask whether the strata corporation was seeking compensation for building damage, or the $5,000 insurance deductible, from either Crane Canada or the unit owners responsible for the shattered toilet tanks. I received no reply to my questions. (How long is it reasonable to wait for answers? - Days? Weeks? Months? Years? Eternity?)
I confirmed that I would remove our wallpaper to avoid the possibility of the drywallers having to make extra trips to repair hidden damage.
August 8, 2003
I wrote to the strata corporation to ask when the resolution for its new policy to accept no further responsibility or liability for damages resulting from a failed Crane toilet tank was moved and carried and where the motion was recorded.
I requested clarification with respect to how this policy tied in with the strata corporation’s obligation to repair the building structure and the premiums that all of the owners were obligated to pay the strata corporation for replacement cost insurance - specifically to protect the buildings from flood (and water) damage.
I received no answers to these questions and am still waiting.
August 9, 2003
I wrote to the strata corporation to point out that the strata bylaws require the strata corporation to repair the building structure, and I asked why our carpets were being relaid without repairing the sinking floor beneath. I reported that a building contractor (who, in a social setting, had looked at the sinking in our floor at the top of the stairs) advised that it should be an easy job to reinforce the framing below to correct the sinking while the carpets were still up.
As usual, I received no answer to my question - and I am still waiting.
I expressed concern that leaving our sinking floor unrepaired would impair sales as the real estate disclosure statements would need a "Yes" answer to the question, "Are you aware of any structural problems with the premises, or other buildings on the property?"
In further regard to the Crane flood, I expressed concern that the drywaller had done only one coat on the bathroom repair since I revealed the damage hidden behind the wallpaper.
August 16, 2003
I wrote to the strata corporation to report a circular water stain remaining on the hall ceiling, among other missed stains, and that more water damage was exposed at the bottom of the wall and around the electrical opening when I removed the rest of the wallpaper from the affected wall in our bathroom after my request that the workers remove said wallpaper was refused. I reported that the workman who attended for 4.5 hours on that day expected that someone could return to finish the rest of the painting on August 19, 2003.
August 18, 2003
I wrote to the strata corporation to report that, in addition to the previously stated repair deficiencies, the ceiling was still buckled in the hall.
I asked what was supposed to be done about the sinking floor, crooked doors, and timing delays on the remaining repairs. No answer. Five years later these repairs remain outstanding.
August 20, 2003
I wrote to the strata corporation (twice) to advise that when the workman attended on that day he stated that he did not get any of the messages I left concerning scheduling and repair issues, and that he had been told that the ceiling damage that was missed was not caused by water from the flood.
I noted that my husband was told that some damage may be a result of settling but reminded the strata corporation that, regardless of the number of contributing causes, the strata corporation must repair such structural damage.
August 24, 2003
I wrote to the strata corporation to ask why the restorations to our unit, which we were told would be finished by August 8 or 9, were being delayed.
I also reported observing another dip in our floor close to the supporting pillar in our garage below and suggested that if there was evidence of settlement in the development to replace the trees and bushes to help stabilize the land. (They were removed to extend unit 407's deck.)
August 25, 2003
The strata corporation wrote saying that the problem with our floor was a separate unrelated structural problem that hopefully should be addressed as part of the building remediation and that, based upon an investigation with the Strata Corporation's insurer, the Strata Corporation, or its insurer, was responsible for the repair to our water damaged wall.
(Since an insurance investigator had never inspected the damage in our unit, I wondered how an investigation could take place - or how damage that suddenly sprung up from nowhere immediately after the flood was not in all probability triggered by the flood regardless of structural problems that were successfully repaired about 15 years earlier.)
I wrote to the strata corporation to ask that all my messages to the strata corporation be circulated to each member of council as strata council minutes did not include required votes on significant issues, or make any mention of the material issues in my correspondence.
This raised a concern that my correspondence was not being disclosed to council members properly, if at all, and that significant issues were being routinely decided (by an unknown party), in an improper manner, without the required vote, or an informed discussion (or any council discussion at all).
August 28, 2003
I wrote to the strata corporation to advise that although the painter just said he had finished the painting, someone would have to come back and repair the missed damage where the colour sample was cut out and the workmanship on the bottom of the wall in the bathroom was unacceptable, and the warped ceiling from the flood that was missed before was still unrepaired.
August 29, 2003
I wrote to the strata corporation to report an electrical problem in our ensuite and to respond to the strata corporation’s letter of August 23, 2003.
I expressed my view that when I attended the Council meeting that night my husband (who normally reclused himself entirely from issues involving our unit to avoid conflict of interest) was the only member of council who showed any interest in seeing that the powers of council to perform the duties of the strata corporation to act on the issues under discussion were exercised. I said I believed that the meeting was a filibuster and complained that the strata council was consistently failing to take constructive measures to resolve issues.
August 30, 2003
I wrote to the strata corporation to request that payment on the flood restorations be held back until the structural damage to our unit was repaired. I also mentioned that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
September 16, 2003
I wrote to the strata corporation in response to its letter of August 25, 2008, to object very strongly to delaying the structural repairs of our post-flood interior damage for a year or more just to include the repairs with the building envelope project - when there was never any evidence of our interior structural issues being associated in any way with the building envelope.
I confirmed that although our floors did not creak or display any noticeable signs of being uneven, warping, or sinking before the flood that those problems may indeed be related to structural settlement (BUT it was unlikely 15 years after construction, and settlement could not be reasonably expected to eliminate warping and sinking that on a balance of probabilities was caused by the flood the same as in unit 227 and was obviously triggered by water damage.)
I confirmed my understanding that Stratawest Management Ltd. would have Regent Maintenance contact us to make an assessment on whether the structural issues were an immediate safety concern before the new management contract with Bayside Property Services Ltd. went into effect. (No insurance investigator ever inspected the water damage to the interior of our strata lot.)
September 23, 2003
Based on my review of the strata records pursuant to legislated disclosure I wrote to the strata corporation to request a copy of Schedule A to an On Side Restoration insurance claim, dated August 3, 2003. (I assumed it must be for unit 227, which appeared to have been promptly and fully repaired in such a stark contrast to unit 409.)
I reported that Nordic had stated that it wanted to finish the job and had told us it was waiting for direction from the strata corporation, and that it did not seem reasonable to me for the strata corporation to force us to continue living indefinitely in such a distressing situation. I asked when the work on our unit would be completed.
September 30, 2003
I wrote to the strata corporation detailing a series of unexplained electrical failures that we never had before the flood.
October 17, 2003
I wrote to the strata corporation asking what the strata corporation was going to do about Nordic leaving our flood damaged carpets so full of soap and water that I slipped on them and fell down the stairs when they left. I reported that our carpets were still not dry as I wrote - 48 hours after Nordic shampooed them - nearly 3 months after unit 510's shattered toilet tank flooded our unit on July 23, 2003.
_______________________________ 2004
May 31, 2004
I wrote to the new strata council to ask for the structural damage to our interior to be repaired without further delay, if it was now not going to be scheduled with or related to the building envelope repairs as previously indicated.
I tried to explain that a flooring company could not just install new flooring and ignore the damage to the structural substrate below. (In 2013 we have been waiting for 10 years to install new bathroom flooring and low-flow replacement toilets and feel that the long delays in completing our structural repairs are unreasonable and unfair.)
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As I recall, in or about July 2004 Joan MacDougall, Property Manger, phoned me twice. The first time she seemed noticeably upset. She asked me about the water damage, and I told her our doors, walls, and floors were warped and that she should know the details as it was all documented in my correspondence to the strata corporation. Then she phoned back and said that she talked to the strata corporation's insurance company and was told we did not qualify for a claim - she gave no reason for this conclusion that I recall and did not tell me what the insurance company had been told, when it had received the information, or who was the source; however, no insurance investigator had inspected the damage to our unit at the time of loss, or ever, to the best of our knowledge, and we would have had to open the door to let them in. We don't understand how the eligibility of a claim that was never made could be decided on or denied, or why we could never access the relevant insurance policy no matter what we tried.
_______________________________ 2005
March 10, 2005
After waiting nearly 2 years for our structural problems to be addressed as part of the building remediation, I again wrote to another new strata council during the building envelope project asking what was going to be done to repair our warped walls and sinking floors, with the building rocking like a teeter totter, making loud cracking noises.
I reminded the strata corporation that repairs were delayed after the last flood with an implication that they would be addressed with the building envelope project.
March 20, 2005
I wrote to the strata corporation and advised that our hall wall, which was warped following the flood, was now cracking, our doors, which were cut up and hung crooked during the flood restoration, still could not be latched or locked, and some sporadic electrical problems following the flood continued.
I asked again for a vote by council to decide when this structural damage would be repaired so as to permit us to answer "No" to the question on the disclosure statement for sale asking if an owner is aware of any unrepaired damage.
October 5, 2005
Since an engineer who had looked at the unrepaired flood damage in our unit informally suggested that a construction company could probably repair it, I requested that the strata corporation engineer be retained to verify this information in a written report to the strata corporation.
I offered to pay for the report if no structural damage was evident and reminded the strata corporation in this regard that structural issues from settlement were obvious from our sinking deck.
_______________________________ 2006
March 20, 2006
I wrote to another new strata council about damage to our property value and loss of use and enjoyment of our home, requesting once again that the warping and other flood-related problems be remedied.
May 2, 2006
I wrote to the strata corporation requesting an explanation for the failure to respond to my outstanding requests for structural repairs to our unit.
June 10, 2006
I wrote to the strata corporation to point out and ensure that not much, if anything, regarding our interior structural repair issues, should be new information to Council members, unless my correspondence was not passed on to them.
I reported drywall cracking above our north-east window and requested that the unrepaired damage following the floods from 510 be repaired without further delay.
I provided a list of damages not apparent prior to that flood, but easily apparent in the period immediately following it, including:
1. floors sinking following flood from unit 510's burst toilet tank, so visitors say, "My goodness! What’s that?"
2. walls warped following unit 510's washer overflow and burst toilet tank floods, so sliding doors jammed and required realignment and then promptly broke the hardware (and never worked since, until my husband managed to find new wheels and had new holes drilled into the wheel frame, but the doors still don't fit well enough to be interchangeable because the walls are still crooked.)
3. floors warped, so door had to be cut for clearance
4. doors warped, so they won’t stay closed and don’t function properly, making locks useless
5. floor covering in kitchen ruined and warped in doorway (from multiple drain cleaner floods from unit 510's garberator whenever they prepared a holiday meal)
I complained that the strata corporation had us wait 2 years for the building envelope project until after the strata corporation’s flood claim insurance period expired, at which point in time the strata corporation told us to make a ludicrous claim for the outstanding repairs through our personal insurance, and that the strata corporation was now telling us that our warped floors, walls, and doors were just wear and tear, and that our sinking floor problem was just normal settlement, claiming that owners have to take care of such things on their own, as do-it-yourself projects.
I asked for a copy of any legal opinion that the strata corporation might have with respect to its structural repair policies.
My requests were futile, as usual.
July 16, 2006
I wrote to the strata corporation to ask that any resolutions or votes to deal with my outstanding requests for repairs be included in the minutes.
I asked that the minutes of meetings more accurately reflect: - sources for the cites used - outstanding requests - originating locations of floods - promptness of damage reports - delay in repairs, and - seriousness of the repairs required.
November 3, 2006
I wrote to the strata corporation to ask to see records of the insurance claims made as a result of Crane toilet tanks bursting. I requested that the flood damage to our unit be repaired without further delay.
November 4, 2006
I wrote to the strata corporation expressing concern about further harm to my lungs if exposed to toxic amounts of flooring compound in order to prepare for new floor coverings without the strata corporation repairing the structural damage to the substrate below.
_______________________________ 2007
January 27, 2007
I wrote to another new strata council as a reminder about the $5,000 insurance deductible the strata corporation paid for flood damage repairs to the other unit and attached a photo of our suitcase blocking the bedroom door to keep the cat out because the door won’t stay latched. I pointed out that the concrete column in our garage was out of plumb and that the concrete used in the supporting column appeared to be the type of mix that was supposed to be used for topping on the wood floor system in the upper units.
March 27, 2007
I pointed out to the strata corporation’s engineer, Tam London, the sinking circular area of our bedroom floor above the concrete column in the garage, the unstable substrate under our carpet where the floor structure flexes and there is nothing to screw it down to, the splitting wall in our hallway, and the doors warped so severely that they no longer latch to close off the entrances to our bathroom and bedrooms. I provided photos for reference.
I advised him of our concern with respect to the sale of our unit and the Real Estate Board’s Property Disclosure Statement for Strata Title Properties that asks under the STRUCTURAL section at 2. A., "Are you aware of any structural problems with any of the buildings on the property?" and at 2.G., "Are you aware of any leakage or unrepaired damage?" and with respect to obtaining repairs pursuant to the strata corporation bylaws and insurance I asked him whether to answer "yes" or "no" to the structural questions on the Property Disclosure Statement. As he was taking his instructions from the strata corporation he did not answer my question. He did not say a word about our sinking floors inh his report, in spite of my specifically asking him to do so. The strata corporation's instructions were to report on whether the warping of our doors was a structural problem, and he didn't think so - pointing out that it could be easily remedied. (If it could be so easily remedied, why has the strata failed to do so for more than 10 years?)
So it seems that to the strata engineer structural damage that poses a potential or immediate danger is recognized as a structural problem from an engineering perspective and certain elements of a building that are defined in a standard dictionary to be structural may be called "fixtures".
However, our bylaws say structural damage, not structural problem, and the structural section of the property disclosure statement deals with damage and problem in 2 different questions - as the words damage and problem have 2 different meanings.
Despite all the strata's doubletalk, the fact remains that the strata engineer did write a report that relates the cause of our unrepaired internal warping to the flood and that the insurance covers full replacement repairs of water damage and that the strata corporation has an ongoing duty to complete those repairs.
July 7 & 10, 2007
I wrote to the strata corporation to respond to a 5-page letter dated June 19, 2007, sent to me by Adrienne Murray, one of its lawyers.
She stated that the strata corporation was advised that the leveling of floors was an owner’s responsibility (she elected not to cite the source or own the statement - nevertheless, I believe that only a lawyer would be qualified or licensed to advise on said responsibility) and she reiterated the strata engineer's comment about the warping of our interior doors not constituting a structural "problem".
Without quoting any law, dictionary, or strata records, I pointed out as politely as I could that the floors in my neighbour(s) units were levelled by the strata corporation, and that doors, walls, and floors are defined as structural elements of a building; warping, splitting, and sinking are damages to the building that need repair; repair of the building is what our bylaws require, and failure to repair causes a problem. (Many problems actually.)
Ms. Murray claimed that a strata corporation may not make decisions that prefer the interests of one owner or that favour a particular owner at the expense of others - so I tried to get her to explain how in our unit the strata corporation could leave unrepaired damage to our walls, doors, and floors that was caused by others, while in other units it repaired similar damage that the owners themselves were responsible for. I asked why we have to pay strata fees and insurance premiums when we do not receive repairs that are at least reasonably equivalent to those of these other units.
Despite periodic reminders, Ms Murray has never answered, and I am still waiting to find out why a lawyer would make statements that are so erroneous and damaging. Something is not right.
_______________________________ 2008
June 2008
A neighbour phoned me in her role as a member of council and asked if we had any interior damage, and I told her yes. I was very surprised that she was not aware of that already from all my correspondence.
I asked for her help - hoping for some even-handed treatment because I knew that she had direct personal experience with flood damage. This is because the caller was Eleanor Pederson, the owner of Unit 227, the unit that generated such extraordinary attention when her toilet tank broke and attracted the big truck and 6 vans in attendance day and night for approximately one week of high priority service shortly after our unit was flooded.
I asked her to present a motion that the strata corporation repair the damage to unit 409's floors, doors, and walls, or in the alternative, to at least engage in a comparative inspection of her unit and ours for a report on the condition of the post-flood repairs to both units. She informed me that she knew nothing about our unrepaired damage. (It was at that moment that I realized that as long as council members were not informed of correspondence strata blogs may in fact actually be necessary - which is what triggered this blog's creation.)
I told her the basic facts and said that all of the details should be available in the strata records. I offered to provide them to her directly, but she told me she didn’t want to know anything about it and instructed me not to provide such information to her. Willful blindness like this on the part of council was, and is, disappointing and upsetting.
July 15, 2008
I wrote to the strata corporation outlining 36 attempts, made over a 60-month, 5-year period, to have the strata corporation repair the flood-related damage to our unit.
I reminded the strata corporation of the negative impact on my health from the behaviour of the strata corporation. I reported that I was correspondingly experiencing more sleep loss, headaches, and bowel spasms arising out of the strata corporation’s treatment.
August 28, 2008
The strata corporation responded by writing, "Unless you have an emergency, please do not continue to harass the Strata Council by inundating them with your correspondence."
November 10, 2008
I wrote to the strata corporation in follow up to my email of August 30, 2003, reminding them that in that email I advised that, "The floor is still sinking and warped in several places, none of which was noticeable before the flood. In some places it is hard to tell whether the problem is from a seam in the carpet being reinforced after the flood, or from fresh warping of the floor."
I informed council that when the carpet was relaid there was a noticeable lump across the seam between the hallway and dining room, that the lumpy seam since collapsed into a noticeable sunken seam, and wear marks were showing in the areas where the warped doors had been dragging across the pile. I said the rest of our carpets and seams were still fine, but just as we had discovered more cracking in the closet the previous week, none of the damage was fixing itself.
December 3, 2008
I attended the December 3, 2008, meeting of council as an observer. The chair prevented me from observing how my letter was presented and dealt with by council. He alleged that the portion of the meeting open to observers was concluded and claimed that I had to leave the meeting.
Our strata bylaws state:
Council meetings
20.4 Owners and spouses of owners may attend council meetings as observers.
20.5 Despite bylaw 20.4. no observers may attend those portions of council meetings that deal with any of the following:
(a) bylaw contravention hearings under section 135 of the Act;
(b) rental restriction bylaw exemption hearings under section 144 of the Act;
(c) any other matters if the presence of observers would, in the council's opinion, unreasonably interfere with an individual's privacy.
I see no legitimate reason for the chair to exclude me from the meeting while my letter was discussed. Based on previous experiences with defamatory and/or fraudulent misrepresentations made behind my back to mislead members of council - and indications that certain members of council were deprived of copies of my letters - I suspect that it was primarily, if not solely, to deprive me of the ability to defend against more of the same misconduct. _______________________________ 2009
April 2009 AGM
I released my blogs to the owners for their information and strata resolved to hire a lawyer, from whom we have no response, 4 years later.
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Due to the actions of the strata our risks and expenses have been more than they would be in a single detached home, and our money and property and years have been wrongly wasted by others. We have paid twice, once with strata fees and then again personally, for benefits provided to others unfairly, including replacement windows, door hardware, mirrors, fixtures, floor coverings, trellis planters, opaque glass, bolts of cloth, snow removal, gardening services, landscaping, and loss of enjoyment, security, and health. We have lost earnings and needed social services and legal services we would not have required but for wrongful conduct of the strata corporation.
In December 2013, after over 10 years of various misrepresentations by strata corporation agents, we are still requesting structural repairs in accordance with the laws of the land - still trapped in limbo - still effectively unable to install new floor coverings until the damaged substrate is repaired, and unable to sell our unit at fair market value until the unrepaired structural damage is repaired.
Water damage repairs provided in unit 409:
- rental of industrial heaters, dehumidifiers, and blowers for approximately 5 days;
- delivery, removal, and electric costs;
- multiple trips over a 3-month period;
- removing swing doors, making adjustments with a saw, and re-hanging so they close;
- removing, drying, cleaning and re-installing carpets;
- repairing drywall;
- painting walls and ceilings, upstairs and downstairs;
- repeatedly removing and replacing sliding doors and floor tracks;
- warped, crooked, damaged door systems that stick, drag, and won't stay latched;
- crooked, sinking, creaking floors;
- damaged floor coverings;
- cracked walls and frames.
************************************************************
Maybe I just don't know how to read the minutes that have been recorded over the years, but I seldom see recognizable evidence of votes on critical issues.
PLEASE
PLEASE
COUNCIL MEMBERS PLEASE MAKE A MOTION
TO HAVE THE REPAIRS TO UNIT 409 COMPLETED
PLEASE
COUNCIL MEMBERS PLEASE MAKE A MOTION
TO HAVE THE REPAIRS TO UNIT 409 COMPLETED
