05/27/2026– Jurisdiction British Columbia
Part 94 published on 01/06/2026
Strata owner strictly liable for damage caused by owner’s leaking toilet
The Tribunal dismissed the owner’s request to reverse a chargeback (from the strata corporation) for water damage caused by the owner’s leaking toilet. The Tribunal ruled that the owner was strictly liable under the strata bylaws for repair and mitigation expenses resulting from a malfunctioning plumbing fixture, regardless of whether negligence was involved.
The damage in question was not covered by the Corporation’s insurance (in that the damage fell within the Corporation’s insurance deductible).
The Tribunal said:
For the strata to charge back expenses it has incurred to a strata lot account, it must have authority to do so under a valid bylaw that creates the debt.
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As I mentioned, bylaw 3(15)(a)(7) imposes strict liability for any damage to common property, limited common property, or to any strata lot as a result of a toilet in the owner’s strata lot. Bylaw 3(16) says an owner must indemnify the strata for any necessary maintenance, repair or replacement expenses arising from bylaw 3(15) to the extent the expense is not covered by the strata’s insurance.
The strata says the $22,145.55 charged back to Mrs. Chen falls below the strata’s insurance deductible. Particulars of the strata’s insurance policy are not before me. However, Mrs. Chen does not dispute this, so I accept that is the case.
I note that Mrs. Chen argues that she was not negligent. She says the toilet overflowing was an accident that she could not have prevented. However, bylaw 3(15) imposes strict liability for damage to another person’s strata lot caused by a strata owner’s toilet. Strict liability means that no fault or negligence is required. All that is required is for the strata to prove that the damage was caused by Mrs. Chen’s toilet overflowing.