Legal Advice Needed

[Ladskater]

My husband and I recently had a pipe burst in our townhouse. This happened in mid-February. Our basement was flooded and we had to have the carpet removed and a hole made in our garage wall so the plumber could install a turn off tap as there was none. The restoration company removed items and stored them in our garage - we have not been able to park our cars in the garage since that day. Also the restoration company has not returned to finish the work. Our place is still in a shambles. We have been waiting to hear from them and our strata council is liable for the structural damage and we have not heard from them either. We may end up having to sue our Strata council. Has anyone here ever had an experience such as this? We are so frustrated, we don't know what to do. No one from our Strata council is coming forward to take responsiblity for what has happened or offered any help. We feel we may have to hire a lawyer to get any action. Any advice?

Feel sick....

 

[dlkksk8fan]

Lad I don't have a any legal advice for you, but wanted to say hang in there.
Why won't the restoration company come back and finish the job? Have you paid them yet? I would find another company to help with the clean up.

Is the Strata council like a homeowners association?

 

[Ladskater]

We live in a townhouse complex - the strata is sort of a board that runs the place. Ours is self-governed - that is it is not run by a property management company but rather by people who live here who volunteer for the various positions on the board. We have considered getting a different restoration company to finish the work, but that is yet to be decided. Every trades person in BC is super busy right now because of the Olympics coming here so it is really hard to get trades people to come and do work that is why it is taking so long.

Thanks for your support and kind thoughts.

 

[SeaniBu]

We live in a townhouse complex - the strata is sort of a board that runs the place. Ours is self-governed - that is it is not run by a property management company but rather by people who live here who volunteer for the various positions on the board.

I would love to help but what is aid above is going to be some form of mitigating factor, that could change normal proceedings and have effect on other circumstances in your living situation - sticky. I would retain a attorney for a consultation, could be 50 to 200 dollars???? That is my best advice.

 

[heyang]

Also the restoration company has not returned to finish the work. Our place is still in a shambles. We have been waiting to hear from them and our strata council is liable for the structural damage and we have not heard from them either. We may end up having to sue our Strata council. Has anyone here ever had an experience such as this? We are so frustrated, we don't know what to do. No one from our Strata council is coming forward to take responsiblity for what has happened or offered any help. We feel we may have to hire a lawyer to get any action. Any advice?

Feel sick....

I feel your pain. I was having lots of problems with contractors last year and I have been hesitant about doing some additional work on my current home as a result.

Anyway, your definition of strata council is seems similar to either a homeowner's association or a condo association in the US. In a homeowner's association, the homeowners contribute to a group budget to take care of common areas, but each owner is responsible for his/her own structure and property. It's usually a voluntary board of homeowners who take care of the budget and selecting contractors, etc. In a condo association, there is an actual management office that is paid for by the common charges.

Anyway, in the association I was in, the council would not have been responsible for a burst pipe within our structure. You should make sure you read the by-laws to determine if they should be doing something.

As for the restoration company, I can only assume by your frustration that they are not returning your calls. I would send them a certified letter with return receipt to prove that you have attempted to contact them to complete the work and that if they dont' complete the work by a certain date that you will be contacting a lawyer. If you have phone bills showing your calls, hold onto them. If you have paid for 1/2 and they've done 1/2, I don't think you can do anything except find someone to finish the job.

BTW, it's the same in the US as in Canada. I don't know anyone who hasn't had issues with incomplete jobs, missed appointments and poor work.