Dear Tony: We recently purchased a condo in an older building in Metro Vancouver. We started to undertake some minor renovations to our unit, carpet and flooring removal, the removal of the popcorn ceiling, and a small wall that separated the kitchen from the dining area.
None of the areas contained any electrical or plumbing. We received notice from the strata council last week that we had to cease from any further renovations under the bylaws until we had completed the environmental report for our unit and a copy of the building asbestos report from an engineering company was provided.
To our dismay there is asbestos in the ceiling finish and possibly other unit components. When we purchased, we thought we had been diligent and obtained the information Certificate along with the depreciation report but there was no mention of the asbestos in the building. Does a strata corporation have a duty to disclose the reports to potential buyers?
—Dawna and Geoff J.
Dear Dawna and Geoff: The Form B Information Certificate details what documents must be attached, and that includes depreciation reports, rules of the corporation, and the annual budget. Additional reports such as certified environmental reports completed by an engineering consultant or building envelope condition assessments or electrical planning reports are records of the corporation, but an owner, tenant, or through the ownerB´ÎÔª¹ÙÍøÍøÖ· representative a buyer, would have to specifically request these documents if any.
It is possible the report was completed after the most recent depreciation report, or had not been disclosed to any other party or the vendor. If no one had knowledge of the report it would have been difficult to identify and disclose.
To avoid this confusion buyers are entitled to request copies of any environmental reports completed to determine if there is any asbestos or hazardous materials that require abatement.
Asbestos is a known substance with extreme health hazards. Worksafe BC sets abatement protocols for contractors and employees.
Owners performing their own renovations are exposed to the same risks and advised to exercise the same cautions. Asbestos may be found in a variety of building components depending on the age of the building from flooring to wall assemblies, domestic hot water insulations and wraps, elevator systems, boilers and mechanical systems.
Simple steps for strata owners: don’t renovate without prior written approval of the strata corporation, take the time to have asbestos testing done in your living space, and whenever there are renovations involving hazardous materials, and the removal or replacement of flooring systems, drywall, stucco, and heating systems, all protocols for removal, handling and disposal must be followed. ItB´ÎÔª¹ÙÍøÍøÖ· in the best interest of everyoneB´ÎÔª¹ÙÍøÍøÖ· health and safety.
Tony Gioventu is executive director to the Condominium Home Owners Association. Email your questions to: tony@choa.bc.ca
