A BC homeowner was forced to pay out of pocket after the heat pump in her strata building broke down.
Iuliana Stanescu told the BC Civil Resolution Tribunal that the strata didn’t properly maintain the central unit for the building’s heating system, which required her to replace the heat pump and purchase a mobile air conditioner.
She claimed $5,000 in damages, the limit for claims at the tribunal.
In defence, the strata said it wasn’t responsible for the heat pump replacement because both the heat pump and the portable air conditioner she bought were part of her unit. It added that it properly maintained the building’s geothermal common property system.
According to the tribunal decision available online, the strata in question is heated by a geothermal system, which consists of a central unit on the roof. That unit provides fluid at specific temperatures sent to heat pumps located within each property.
It is undisputed that the heat pumps are located within each property. Stanescu repaired the heat pump in 2019 and did not replace it until 2022. She didn’t claim compensation for the 2019 repairs.
Stanescu claimed she wasn’t the only owner dealing with heat pump issues “requiring early replacement.”
She added that she felt the fluid from the central unit was incorrect, causing the heat pumps to degrade quickly. If she could prove this to the tribunal, the strata, not the individual homeowner, would bear the onus.
After reading through the BC strata’s bylaws and relevant but unrelated cases, the strata determined that the issue with the heat pump did designate it as common property.
“I find Mrs. Stanescu acted reasonably by unilaterally repairing the heat pump because the strata told her it was her responsibility and she was without heat or air conditioning. She initially repaired it, an expense not claimed in this dispute, and did not replace it until almost three years later. There is no indication that during time that the strata was reconsidering its position that the heat pumps were common property,” the tribunal said.
The strata was ordered to pay Stanescu $5,701.82 in damages, including tribunal fees.