Leaking Balcony Enclosures- Who is Responsible?


In Kelowna B.C., Lloyd Guenther, who purchased a condo with his wife in 2003, was so frustrated with the Strata Council's inaction in addressing water leaks on the owners enclosed balconies and the building envelope issues which he felt were caused by the enclosures, that he applied to the Supreme Court of B.C. to have an administrator appointed.

All but one of the 41 units in this three-storey building, had enclosed balconies that had been constructed in the 80's. It was when roof repairs were carried out in 1998, that complaints about water problems on the balconies first started.

The Strata Council had carried out various investigations of the building envelope and took the position that the owners were responsible for any leaking caused by their balcony enclosures. They concluded that no further investigations needed to be done on the building envelope.

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Published In: Business Organization Updates, Civil Remedies Updates, General Business Updates, Personal Injury Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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