In January 2026 a reader asked a strata advice column about a frozen pipe in a smaller strata in Whistler. An owner had turned the heat off, a pipe froze, and the water damaged 2 units. It was the strata’s first claim, and the deductible was $25,000. The owner refused to pay, saying the pipe froze because of poor insulation. The strata had a bylaw requiring every owner to keep the heat at 12 degrees or more in winter. The question: how does a small strata get $25,000 back quickly?
Under the BC Strata Property Act the answer comes in two parts. First, the strata pays the deductible, and section 158 lets it do that without a vote. Second, the strata can sue the owner for it if that owner is responsible for the loss. This post goes through both parts and what each owner pays while the claim is open. Our strata insurance guide covers what the strata policy must include.
Step 1: the strata pays the deductible
Section 158(1) says a deductible on a claim under the strata’s insurance is a common expense, paid by strata fees calculated by unit entitlement (s.99) or by a formula the owners filed under s.100.
Section 158(3) removes the usual vote. Strata approval is not required for a special levy, or for spending from the contingency reserve fund (CRF), to cover a deductible the strata must pay to repair or replace damaged property. The one exception is a strata that has voted not to repair under section 159.
That matters in a small strata. Normally a special levy needs a 3/4 vote (s.108), and in a 2-lot or 3-lot strata one “no” blocks a 3/4 vote. For a deductible, the owner who caused the loss cannot block the levy.
Here is how $25,000 splits when every lot has the same unit entitlement:
| Lots in the strata | Each lot’s share of $25,000 |
|---|---|
| 2 | $12,500 |
| 3 | $8,333.33 (one lot pays $8,333.34) |
| 4 | $6,250 |
| 5 | $5,000 |
| 6 | $4,166.67 (two lots pay $4,166.66) |
Our arithmetic. If your lots have different unit entitlements, each share is that lot’s number divided by the total, times $25,000.
If the money comes from a levy, write down its purpose, total amount, each lot’s share, the method and the due date, which are the items s.108(3) lists for a levy, and keep the levy money apart from the strata’s other money (s.108(4)). Our special levy guide shows the full layout. If you take it from the reserve, the reserve still needs its yearly top-up of at least 10% of the operating budget (Regulation s.6.1(2)), so a $25,000 draw in a small strata can mean higher fees later. See our budget and contingency reserve fund guide.
Step 2: is the owner “responsible”?
Section 158(2) says the common-expense rule “does not limit the capacity of the strata corporation to sue an owner in order to recover the deductible portion of an insurance claim if the owner is responsible for the loss or damage that gave rise to the claim.”
The Province’s page on owner insurance says an owner can be required to pay the strata’s deductible “even if not ‘at fault’ or negligent”. Its example is a dishwasher hose that breaks before its time and floods common property and other units.
In the Whistler letter, the owner blames insulation. The Standard Bylaws make the strata repair the structure and exterior of the building (Bylaw 8), so if the pipe sat inside a wall the strata must maintain, the owner can argue the loss started with the strata’s part of the building. A tribunal decides on evidence, so collect it now:
- the plumber’s report on where and why the pipe failed
- the insurance adjuster’s report
- photos, dates and the outdoor temperature on those dates
- the thermostat setting and any heating records for the unit
- the heat bylaw, with proof it was filed at the Land Title Office
A bylaw change has no effect until it is filed on Form I (s.128). The Standard Bylaws say nothing about heat, so a 12-degree rule exists only if your strata passed it by a 3/4 vote and filed it.
Step 3: ask in writing, then file
Write to the owner with the amount, the adjuster’s report, the plumber’s report and the bylaw. Give a date to pay, and offer to meet. Ask the owner to send the bill to their own insurer: the Province says “Strata owner insurance can cover some or all of the cost of the strata insurance deductible.”
If the owner still refuses, the strata can file a claim with the Civil Resolution Tribunal (CRT), BC’s online tribunal for strata disputes. It hears strata claims of any amount, so a $25,000 claim can go there. The filing fee is $125 online or $150 by mail, and responding is free online. Our disputes guide walks through the steps.
Two limits to know before you start:
- A lien is not available for this amount. Section 116(1) lets a strata register a lien against a lot for unpaid strata fees, a special levy, the cost of work under s.85, or the lot’s share of a judgment against the strata. A deductible charged back to one owner is not on that list. You need a tribunal order.
- The owner pays their levy share in the meantime. The levy under s.158(3) is owed by every lot, including the owner who caused the loss. If that owner does not pay their share of the levy, that amount can be the subject of a lien under s.116(1)(b).
Owners must be told the deductible
Section 154(c) says the strata must tell owners and tenants as soon as feasible about any material change in its insurance, including any increase in a deductible. The strata must also report on its insurance at each annual general meeting (s.154(b)), and every Form B Information Certificate now carries an insurance summary (s.59(3)(l.2)).
The Province says strata deductibles “can range from $100,000 to $750,000 or higher”. The Whistler strata’s was $25,000. The number for your strata is in your policy. Each owner should give it to their own insurer and ask what their policy covers if the deductible is charged back to them.
What to do before next winter
- Pass a heat bylaw if you do not have one, by a 3/4 vote at a general meeting, and file it on Form I. It has no effect until filed.
- Write down who repairs what. Standard Bylaw 2 makes owners repair their own lots, and Bylaw 8 sets what the strata repairs. Put it in a one-page table and agree on it at the AGM.
- Check the deductible every year when the policy renews, and send the number to every owner the same week.
- Keep the reserve funded. A reserve with money in it pays a deductible without asking every owner for thousands of dollars in January.
Our strata insurance guide has a checklist for the yearly insurance review.
We are building the StraPlex app for owners of 2 to 6 unit stratas, with the deductible, the policy dates and each owner’s share in one place, and a reminder to send the deductible to every owner at renewal. The waitlist is below.
David Babakaiff, Co-Founder, VanPlex | PlexRank™ | Profit with Multiplex
