Skip to content
Join our Newsletter

Bathtub overflow leaves B.C. strata owners with big bill

B.C.'s Civil Resolution Tribunal rejected claims that a restoration companies' charges on a statutory holiday were 'preposterous'
A bathroom flood can be an expensive prospect for a strata owner. Contributed

A pair of Pitt Meadows condo owners have lost their fight against their strata after their bathtub overflowed, leading to a $9,612 repair bill in a downstairs unit.

Owner Rozalia Barliga and son Sebastian Barliga admitted their bathtub overflowed July 1, 2021, causing water to leak into the strata lot below theirs.

However, they told B.C. Civil Resolution Tribunal member Kristin Gardner it was unnecessary for the strata to hire a restoration company for the minor leak.

Sebastian Barliga said he cleaned up the water in the suite and went to check on the suite below. The Barligas said there appeared to be only minimal damage to the bathroom ceiling and in a small closet.

The strata denied the Barligas entered the then-rented suite below theirs to assess the damage.

Gardner said she placed no weight on Sebastian Barliga’s damage assessment.

“There is no evidence before me that he is qualified to assess water damage,” she said.

The strata called in Phoenix Restorations Ltd, which found damage in the lower suite’s hallway, kitchen, bathroom, bedroom and storage room.

According to Gardner, evidence showed labour costs to fix the damage climbed to over $3,500 after part of the work was done on a statutory holiday. 

The strata advised the Barlingas they were responsible for the costs under strata bylaws and their account was charged.

While the Barlingas called the costs “preposterous,” Gardner said they had provided no evidence of overbilling.

“The applicants allege that Phoenix ‘made up’ their supplies to create the illusion that it was a major flood,” Gardner said.

“I find the applicants’ bare assertions, without any supporting evidence, are insufficient to prove their allegations.” 

Gardner dismissed the request to reverse the charges on the Barlingas' account.

[email protected]