Quote:
Originally Posted by 68style
NO idea... I think he was just hoping I'd pay it with no questions.
His exact words were: "The strata council has decided that 8 feet is still within your unit and you are responsible for the bill" but I texted someone I know on the council and he was like.. uh... no?
Even if that was the case though, did they check building schematics? Or just sounds like it probably is 8 feet isn't that far LOL... in my case though, my sink is right next to the nothern most wall of my building... 8 feet by my measurements is already out the horizontal pipe going out of the under-sink area, meets up with the perpendicular pipe that everyone drains into from all 6 floors and then down into the parkade where it turns and goes horizontal again above some poor fucker's Nissan Rogue that go doused with brown spew when they pulled the caps off the pipe a couple weeks back.
Crazy ass people.
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Quote:
Originally Posted by 68style
It's one of those things where it's kind of funny if you're not in the middle of it... but if everyone is being obtuse it's hard to prove your point.
The invoice is made out to the strata... I made sure to call the management company every time something happened and they made the call to bring a plumber in on my behalf.
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sorry I am late to the game here.
So the first thing you should do is check if your Strata has a Chargeback Bylaw. Without that, they can't actually charge back the cost to you, even if they think you caused the issue.
But even with a chargeback bylaw, the relevant section of the Strata Property Act is here:
Section 1 of the Act sets out a definition for common
property which includes:
(a) that part of the land and buildings shown on a
strata plan that is not part of a strata lot, and
(b) pipes, wires, cables, chutes, ducts and other
facilities for the passage or provision of water,
sewage, drainage, gas, oil, electricity, telephone,
radio, television, garbage, heating and cooling
systems, or other similar services, if they are
located
(i) within a floor, wall or ceiling that forms a
boundary
(A) between a strata lot and another
strata lot,
(B) between a strata lot and the common
property, or
(C) between a strata lot or common
property and another parcel of land, or
(ii) wholly or partially within a strata lot, if they
are capable of being and intended to be used in
connection with the enjoyment of another strata
lot or the common property.
I dont' think this council has a very good chance of proving that you are responsible for a clogged pipe 8 feet away in the walls from your unit. You can quote them this section of the Act and tell them it's common property and therefore it's their responsiblity and if they still don't agree, then you can request a hearing with the council and they are required to give you one within 2 weeks I believe. This should be open and shut IMO.