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  • in reply to: By law forcing owner to pay Insurance excess #73550
    CupofC
    Flatchatter
    Chat-starter

      I’m not too sure why they weren’t putting it through insurance, it was via a discussion over the phone. He simply said that it was entirely coming out of the strata budget. I should have done it all via email so I have a clear record – I certainly will from now on. I have a feeling it’s because the building insurance might not approve the claim because the insurance company would say that it was a leak from wear & tear (an old 1970’s pipe), not a leak or flood from a sudden burst pipe. But because he’s refusing to give me the details about it all (he’s claiming that I can’t access any of that detail because it’s only the strata committee that are allowed to see it), so I won’t know one way or the other unless I order a search of the strata roll to find out exactly what he & the strata committee have discussed about it.

      I wasn’t aware I could claim directly on the insurance myself, please could you tell me more about how that works? I thought I’d done a lot of research but I wasn’t aware I could do that!

      in reply to: By law forcing owner to pay Insurance excess #73551
      CupofC
      Flatchatter
      Chat-starter

        Do you think that it would be worth doing the inspection though so I can prove at mediation that they have discussed trying to introduce this specifically because they are trying to recover money from me? At least I would be able to look at all the email discussions relating to the repairs and know what they’ve said and why they’ve made certain decisions about it. Because otherwise, I don’t have any details about what’s been said & what their plan is, since he’s refusing to give me the information (he is probably gambling on me not knowing that I can order a strata roll search to see it all).

        I agree I definitely need to get a strata lawyer to look over the legality of the by-law, I am going to try to do that but I was hoping to avoid having to a very costly lawyer bill. Looks like I may not be able do avoid it if I want to know for sure. I just can’t see how they can possibly enforce something like this, when it gives the OC the power to save money by choosing a policy with low premiums and a high excess, which the lot owner would then be forced to pay. And it specifically does not mention anything about the fact that this could be enforced in situations where it is definitely strata who is entirely liable for the cost, since it’s a failure of their duty to manage and maintain a common area!

         

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