Essential BYLAW -46- Insurance Deductible Charge Back

BYLAW -46- Insurance Deductible Charge Back

An Owner must obtain and maintain liability and property insurance on his or her strata lot(s) sufficient to cover the cost of any insurance deductibles or uninsured repair costs charged to the owner by the strata corporation pursuant to this bylaw. An owner must provide proof of insurance to the strata corporation upon request. All Owners of Strata Plan BCS367 must have at least $1,000,000 liability insurance, and $100,000 sewer backup and water damage coverage.

1. An Owner shall indemnify and save harmless the strata corporation from the expense of any investigation, maintenance, repair, replacement, or administration thereof, rendered necessary in respect of the common property, limited common property, common assets or to any strata lot arising from any damage or incident for which that Owner is responsible or occurring or originating in that Owner’s strata lot, whether or not such incident is caused or contributed to by that Owner's act, omission, negligence or carelessness or by that of another person, but only to the extent that such expense is not reimbursed from the proceeds received by operation of any insurance policy.
2. An Owner must pay the insurance deductible portion of any insurance claim filed by the Strata Corporation within sixty (60) days of the written issuance of the charge if such claim results from damages caused to the common property, including limited common property or common assets and all items that the Strata Corporation is responsible for insuring as defined under Section 149 of the Strata Property Act by the negligence or accident of the Owner or Owner’s tenant, resident, or guest.
3. An Owner must purchase insurance for their Strata lot. The insurance must have coverage to protect the Owner against a Strata insurance deductible chargeback, as well as any cost to repair common property charge by the Strata Corporation. The Strata lot Owner must show proof of insurance to the Strata Corporation upon request.
4. For clarity and without limiting the meaning of the word “responsible”, an owner is deemed to responsible in any of the following circumstances:
   4. the Owner is responsible for any loss or damage to the common property, limited common property, common assets or to any strata lot, and/ or personal injury or death, as the word “responsible” has been interpreted in the courts or a tribunal in connection with section 158(2) of the Act
   5. any loss or damage to the common property, limited common property, common assets or to any strata lot, and/ or personal injury or death, where the cause of such loss or damage is the result of an act, omission, negligence or carelessness of the Owner, and/or Owner’s tenants, occupants, and visitors (including family members, employees, agents, contractors, guests or invitees); an
   6. any loss or damage caused to the common property, limited common property, common assets or to any strata lot, and/or personal injury or death, where the cause of such loss or damage originated within the Owner’s strata lot or limited common property designated for the exclusive use of such Owner’s strata lot, including, but not limited to, anything arising from any of the following:
      1. dishwasher;
      2. refrigerator with or without ice/water dispensing capabilities;
      3. garburator;
      4. washing machine;
      5. toilets, sinks, bathtubs, showers;
      6. dedicated plumbing related pipes and fixtures, that solely service a strata lot;
      7. fireplaces;
      8. exhaust fans and humidifiers/dehumidifiers;
      9. anything introduced into the strata lot by a resident or visitor;
      10. any alterations or additions to the strata lot, the limited common property or the common property made by the Owner or by prior Owner(s) of the strata lot;
      11. any person residing in or visiting at the Owner’s strata lot;
      12. any pets residing in, or visiting at, the Owner’s strata lot;
      13. barbecues or smokers.
5. Despite this bylaw, the strata corporation may only chargeback the greater of:
   1. $100,000; or
   2. the maximum amount the Owner’s insurer covers for a deductible assessment by the strata corporation provided that the loss or damage did not result out of the act, omission, negligence or carelessness of the Owner and/or Owner’s tenants, occupants or visitors.