Condo owners in White Rock's Miramar Village (15154 Russell Ave.) are suing the complex's builder and insurers, alleging defects in the sprinkler system have resulted in water leaks, mould and "a real and substantial danger" to persons and property.
In a notice of claim filed Aug. 1 in B.C. Supreme Court in Vancouver, the strata owners cite "missing, inadequate, and/or improperly installed sprinkler heads," as well as associated concerns around the potential impacts to fire-suppression.
More than two dozen defendants are listed in the claim, including Bosa directors Colin Bosa and Dale Bosa; architects; a fire suppression contractor; a mechanical engineer; and the warranty provider.
The towers (C and D, with a combined total of 230 units) have a 2-5-10 warranty through Aviva Insurance Company of Canada and 2161605 Ontario Inc.; with two years insurance coverage on labour and material, five years on the building envelope (including "any defect which permits unintended water penetration such that it causes, or is likely to cause, material damage"), and 10 years on the overall structure.
The civil claim asserts that under the terms of that warranty 鈥� effective Dec. 1, 2020 鈥� Aviva was obligated to make reasonable efforts to evaluate claims and address any necessary repairs in a timely manner, or provide written reasons for why a claim is not covered.
However, Aviva failed on those obligations, the claim alleges.
As well, developer Bosa Properties and the directors are accused of breach of contract, breach of the Strata Property Act, negligence, breach of the Real Estate Development Marketing Act in connection with the defects and damage.
"Before the Developer sold all the strata lots in the Condominium to the Owners, the Developer and the Directors knew or ought to have known that the Condominium contained deficiencies, including the Defects," and should have informed the owners, the claim alleges.
The claim continues that owners were not advised of outstanding or anticipated litigation when purchasing their units, nor of outstanding liabilities including inadequate fire-protection service and non-compliance with the Fire Code. An estimated annual budget was also inaccurate due to the defects, the claim states.
"The Developer and the Directors breaches have caused or contributed to the Defects, Resultant Damage and Dangerous Conditions," the claim states.
Construction managers also breached their duties with regard to taking reasonable care, as did the architects, mechanical engineers, fire-code consultants and contractors, the claim continues.
The defendants "knew or ought to have known that their services, work or products would give rise to the Defects, Resultant Damage and Dangerous conditions, thereby creating hazards for the Owners, occupants and visitors."
The plaintiffs and owners claim damages including for investigation and repair of the defects; cost of fire watch; increased insurance cost; property damage; depreciation; and increased maintenance costs, and ask the court to declare Aviva's obligation "to pay and make good 鈥� the loss and damage sustained," and for general and special damages.
A response to the claim has not yet been filed.
In an statement emailed to Peace Arch News, Bosa Properties officials said Friday (Aug. 9) the company "has not been served with a civil claim filed by the owners of Miramar towers C and D."
"We have been working with the Strata to ensure the issues are resolved," the statement continues.
"We are committed to our customers' long-term satisfaction with their homes and are working towards a resolution for these owners."
