B.C.’s Civil resolution Tribunal has ordered a Richmond strata to pay an owner $5,000 in a heat pump replacement dispute.
Tribunal member Amanda Binnie said in her Oct. 7 decision that Iuliana Stanescu claimed the strata did not properly maintain a central unit for the strata’s heating system.
She alleged that required her to replace her unit’s heat pump after only four years. She claimed $5,000 for the purchase of a mobile air conditioning unit and replacing the heat pump.
The strata, however, said it’s not responsible for the replacement of the heat pump or mobile AC unit, as both are part of Stanescu’s strata lot.
The strata claimed it properly maintained the building’s geothermal common property system.
Binnie said the parties agreed that the strata lots are heated by a geothermal system made up of a central unit on the roof of the building, which provides fluid at a certain temperature to individual heat pump units within each strata lot.
“These heat pumps then provide heating and air conditioning to each strata lot,” Binnie said. “The strata says that the heat pumps are fully within each respective strata lot. Mrs. Stanescu does not dispute this, and I accept that the heat pumps themselves are within each strata lot.”
Stanescu claimed she and other owners were having issues with their heat pumps requiring early replacement.
“She says this is because of the temperature of the fluid coming from the central unit to each individual unit is not correct, which is causing the heat pump units to work harder and wear out faster,” Binnie said.
Binnie said the first thing for her to determine was whether or not the heat pumps were common property. She decided they were part of a central system.
Binnie said Stanescu had provided no receipts for the air conditioning unit and dismissed that part of the claim.
However, Stanescu did provide heat pump receipts, one being an invoice for repairs done in 2019, for $233.
“She does not claim reimbursement for this, but says she was told this repair would not last,” Binnie said. “She eventually replaced her heat pump in May 2022 for $5,801.25.”
Still, the strata argued it was Stanescu’s choice to unilaterally replace the heat pump in her unit.
The strata cited another case discussing the proposition that strata lot owners cannot unilaterally make repairs to common property and expect the strata to reimburse them.
“This is so an individual owner does not take over a strata’s ability to prioritize maintenance and repairs,” Binnie said.
The tribunal found the strata refused to acknowledge the heat pumps were common property and told Stanescu in May 2019 that it was her responsibility to maintain them.
Binnie found Stanescu acted reasonably by unilaterally repairing the heat pump because the strata told her it was her responsibility.
“The undisputed evidence is other owners were replacing their heat pumps at their own expense,” Binnie said. “So, I find the strata has not proven Mrs. Stanescu took over the strata’s function by replacing the heat pump when she did. I find the strata must reimburse Mrs. Stanescu for the cost of replacing the heat pump.”
