Mould in a BC Strata Lot: Responsibility and Next Steps

Mould is rarely just a mould problem. It is usually a water problem, and water problems in a strata building almost always cross the line between a strata lot and common property. That is why the first question in any mould file is not "who cleans it up?" but "where did the water come from, and who is responsible for that part of the building?"

Start with the boundary, not the drywall

Under section 68 of the Strata Property Act, unless the strata plan shows otherwise, the boundary between a strata lot and another strata lot or common property sits midway through the structural portion of the dividing wall, floor or ceiling. Practically, that means:

• The visible mould may be on the strata-lot side, while the leak feeding it is in common property — a roof, a building envelope assembly, or a pipe serving more than one lot.
• Balconies, patios, exterior windows and doors are often common property or limited common property, depending on what the strata plan shows. Limited common property is still common property; exclusive use is not ownership.
• Keeping common property in good repair is the strata corporation's duty under section 72, and bylaws can extend that to parts of a strata lot.

So the honest answer to "who is responsible for mould in a condo" is: it depends on the source of the moisture, what the strata plan shows, and what the strata's own registered bylaws say about the division of repair duties. A blanket rule either way is usually wrong.

Questions councils and owners actually ask

Q: Is mould inside my unit automatically my problem?
No. If the moisture source is common property the strata is responsible to repair, the repair of that source is the corporation's obligation. Responsibility for the finishes damaged inside the strata lot then depends on the bylaws, the insurance response and, in some cases, whether anyone was responsible for the loss.

Q: Can the strata enter my unit to investigate?
Under Standard Bylaw 7, an owner, tenant, occupant or visitor must allow an authorized person to enter in an emergency without notice to ensure safety or prevent significant loss or damage, and at a reasonable time on 48 hours' written notice to inspect, repair or maintain common property, common assets, or parts of a strata lot the corporation must repair under the bylaws or insure under section 149. The notice must state the date, approximate time and reason. Check your own registered bylaws — many stratas have amended bylaw 7.

Q: Can the strata fine an owner it believes caused the mould?
Only after following section 135 of the Act: written particulars of the complaint, a reasonable opportunity to respond including a hearing if requested, and written notice of the decision as soon as feasible. See Part 7. Skipping those steps makes the fine void, and it cannot be fixed after the fact.

Insurance: the policy covers more than the hallways

Under section 149, the strata must insure common property, common assets, buildings shown on the strata plan, and owner-developer-installed original fixtures, on a full-replacement-value basis against the major perils set out in the regulations. The strata policy is therefore not limited to common areas.

What it often will not cover is the mould itself. Coverage commonly turns on whether there was a sudden and accidental water escape versus long-term seepage, and mould remediation is frequently limited or excluded by policy wording — that is an insurance-contract question, not a statutory one, so read the actual policy.

On deductibles, keep two outcomes separate. Paying a deductible on a claim against the strata's insurance is a common expense contributed through strata fees, but that does not limit the corporation's ability to sue an owner who is responsible for the loss to recover it — and a recovery from a responsible owner is that owner's liability in full, not a share by unit entitlement (Part 9, s.158). Responsibility is not automatic simply because the water started in a particular unit.

Paying for remediation

• Immediate work: where there are reasonable grounds to believe an immediate expenditure is necessary to ensure safety or prevent significant loss or damage, the strata may spend from either fund without approval (s.98, Part 6).
• Contingency reserve fund: most other CRF spending needs a 3/4 vote, unless it falls into one of the narrow majority-vote categories (including repair recommended in the most current depreciation report).
• Special levy: a 3/4 vote where each lot's share is calculated under the usual sections, but a unanimous vote if the levy is divided in another way said to be a fair division for that particular levy (s.108).
• Insurance deductible: no strata corporation approval is required for a special levy or CRF expenditure to cover a deductible the strata must pay to repair damaged property, unless it has decided not to repair.

Next steps for council

1. Document the report in writing, with photos and dates.
2. Arrange entry under bylaw 7 and get a moisture or building-envelope assessment before anyone opens walls.
3. Report to the insurer promptly, even if coverage is uncertain.
4. Remediate the source first; cosmetic repair before the water stops is wasted money.
5. Decide and record the repair-responsibility analysis with reference to the strata plan and bylaws.
6. Feed the findings into your renewal planning — see Strata Maintenance Planning & Work Orders, and note that envelope and systems items belong in the depreciation report inventory under Regulation s.6.2.

If an occupant raises a health condition affected by the mould or the remediation work, the accommodation analysis is separate from the repair analysis — see Accessibility and the Duty to Accommodate in BC Stratas. And because moisture, ventilation and life-safety systems overlap, keep remediation work coordinated with your fire and life-safety inspection schedule.

Keep the paper trail

Engineers' and sanitation reports on major items are among the records the strata must retain under section 35, and owners can request records under section 36 (two weeks for most records, one week for bylaws and rules). Mould files have long tails: the assessment from this year is the evidence for next year's claim or CRT dispute. Tools like SearchStrata can help you search and analyse years of minutes and reports when you need to trace when a leak was first mentioned, and ManageStrata is built on the same principle — the management company can change, but the documents, minutes, votes and books belong to the corporation and should stay with it when the manager or council changes.

This article is general information about BC strata law, not legal advice; verify against the current Strata Property Act and Regulation or consult a BC strata lawyer.