A condo owner has been ordered to pay nearly $55,000 after the person he was renting his unit to caused significant plumbing issues by flushing cat litter, according to a recent decision of B.C.’s Civil Resolution Tribunal.
The strata, which is the entity that manages the common property and assets of a condo building via a council, filed a claim with the tribunal saying the tenant caused “significant water damage” to the building in 2023. It was seeking reimbursement of its $50,000 insurance deductible, among other damages.
The owner of the fourth-floor unit, Manjit Minhas, acknowledged “the strata lots below his were damaged by plumbing issues” but argued his now-evicted tenant was not solely responsible, according to the decision, which was posted online Wednesday.
The condo bylaws allow an owner to be held responsible for the costs of repairing damage that is not covered by the strata’s insurance, according to the decision.
“Owners are responsible for what occurs within their strata lot” and are on the hook for repairs if the strata can prove the damage “originated” in their unit, the decision explained.
Plumbers unable to resolve issue
On New Year’s Eve in 2023, the people living in the second-floor unit below Minhas’ reported a sewage backup in the bathroom. The next day, water began dripping into the unit below that one. Plumbers were called in and were unable to resolve the issue within the affected units, the decision said.
“The technician removed sections of the drainpipe from the parkade level and found a significant amount of cat litter inside the plumbing stack,” tribunal member Alison Wake wrote in her decision, adding the evidence submitted in the dispute included photographs from the plumbing company.
Plumbers told the strata council that the clogged pipe only served four units and “so the backup must have originated in one of these units,” the decision said.
In a follow-up email, plumbers told the strata council that Minhas’ tenants had three cats, and there was a litter box in the primary bathroom.
“They included a photograph of the litter box,” the decision said.
In addition, the occupants of the three units below Minhas’ said they did not have cats, and had no reason to use litter.
“Mr. Minhas does not dispute that (the tenant) had cats or disposed of cat litter in (the unit’s) plumbing. Instead, as noted, he makes general arguments that the strata has not proved that the damage was caused by (his) unit alone,” Wake wrote.
Neighbours had to temporarily move out
The tribunal found it was more likely than not, based on the evidence, Minhas’ tenant had caused the plumbing backup.
“As (the) bylaw makes an owner responsible for damages caused by their tenant’s actions, I find Mr. Minhas is responsible for the damage caused by the backup,” Wake continued.
The damage caused to the units below Minhas’ was “significant,” and the owners had to temporarily move out while remediation was underway. The strata made an insurance claim for repairs, paid a $50,000 deductible and charged that amount back to Minhas.
The tribunal ordered Minhas to pay a total of $54,568.99, comprising the deductible, pre-judgment interest, two bylaw fines incurred by his former tenant, and tribunal fees.
Additional claims made by the strata, seeking roughly $30,000 in damages as reimbursement for additional repair costs, bylaw fines, and legal fees were dismissed.
