John G. Mendes, Partner
A number of townhome strata developments have reported issues with sagging or deflecting roof overhangs. A sagging roof overhang may indicate that the roof is not supporting its own weight or other incidental loads and is at risk of premature collapse. Strata corporations that are aware of such deficiencies should immediately consult a qualified structural engineer.
Structural engineering firms that repair these types of deficiencies have advised that they have encountered similar issues in multiple locations in the lower mainland. Where the deficiencies in the overhangs are widespread throughout a townhome complex the cost of repairs can be substantial.
Strata corporations experiencing sagging roof overhangs should also consider seeking legal advice as soon as possible. Sagging or permanently deflecting overhangs may be a structural defect covered under the strata corporation’s 2-5-10 warranty provided under to the Homeowner Protection Act. This defect may also give rise to a claim in negligence against those involved in the design, construction and review of the overhangs.
WHAT WE DO: Lesperance Mendes has been advising and representing strata corporations on building defect claims since 1997. To speak with one of our lawyers about your strata corporation’s building defect or warranty claim, contact John G. Mendes, Partner, at 604-685-4822 or JGM@LMLAW.CA
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied on without independent legal advice.