A B.C. condo owner who was blamed for a cockroach infestation in her building and charged thousands of dollars for the cost of eradicating the bugs must be refunded, the civil resolution tribunal ruled.
The dispute between Alanna Hurren and her strata was settled last week, with the tribunal finding Hurren should not have been made to foot the $4,588.50 pest control bill stemming from an infestation that began more than three years ago.
“In about early 2021, the strata became aware of complaints of cockroaches within some strata lots and asked a pest management company to treat them. The infestation grew to impact many strata lots resulting in a pest management company attending the strata many times throughout 2021 and 2022,” tribunal member Maria Montgomery wrote in her decision.
In B.C., the common assets of a condo building are owned by a strata corporation and managed by a strata council, which the tribunal noted in its decision – while also acknowledging that in some cases individual owners can be charged if a bylaw is in effect giving the strata the authority to do so.
“I find that the strata was obligated to address the cockroach problem as part of its obligation to repair and maintain common property. However, the question remains as to whether the strata, after discharging its responsibility, had the authority to charge Mrs. Hurren for the cost of doing so,” Montgomery’s decision said.
In this case, a bylaw allowing the strata to invoice an owner for repairs was not in effect at the time Hurren was made to pay the bill – leading the tribunal to find the charge was invalid for that reason.
But the decision went further, saying the strata had also not proven – on a balance of probabilities – that Hurren “caused the damage.”
The strata argued the pest control company said the infestation originated in Hurren’s unit, Montgomery said expert evidence was required to support that claim but that none was submitted. The strata also told the tribunal that Hurren was “unco-operative” with the pest control treatments but did not submit sufficient evidence to convince the tribunal that was the case.
In addition to a full refund of the amount Hurren was charged, the strata was also ordered to pay her post-judgment interest.
