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Dear Tony: My building is a small strata of 38 units. We do not have an age restriction in our bylaws, but most residents are retired and have resided here for 25+ years. A family from the lower mainland recently purchased a small one bedroom unit in our building and moved their mom from the coast. We originally understood it was her wish, but they had convinced her she would have an easier life in the sunshine. She has no friends or family nearby, and the family never visit. After a month we realized this person has serious memory loss and disorientation. We have spoke to her daughter who was adamant this was her mother’s decision, but the title is in the daughter’s name, not her mother. While it may be convenient for estate purposes, it’s obvious they simply relocated their mom to an affordable area where they are not paying a high monthly fee for the necessary care of their mother. The community has rallied around the resident and everyone is helping her out, but now we are faced with an insurance claim as the mom over ran her bath tub, flooding her unit and 3 others. It is our first insurance claim so the deductible is only $25,000, but clearly we cannot continue. Do we have any recourse against the family? Barb
Dear Barb: When owners of properties are responsible for losses resulting in damages and insurance claims, the strata corporation can recover the cost of the deductible. Immediately send a demand notice to the family for the deductible and cite the amount, cause and any related insurance bylaws of your strata corporation. If they do not have insurance to cover the claim, unfortunately quite common, they are still liable for the amount. If they do not pay the amount, contact a lawyer that is experienced with these claims and authorize a collection process. With the rising cost, and limited access of care facilities, people are looking to small communities across BC to house family members. It’s an unfortunate trend in family warehousing. Everyone is entitled to age in place, and live with full dignity and care, but affordability and accessibility are constant challenges. I grew up in the era where we lived with grandparents or they moved in with us. There was a full cycle of support that enabled working parents, in home daycare, a safe environment for all ages, and intergenerational activity. With vastly reduced occupancy rates, this is now a rare experience.
This resident is need of daily support. Contact local agencies/church communities that host daycare programs and a network of support. Encourage the family to engage and consider daily care workers, even for 1-3 hours each day. It can make a big difference to the physical and mental health of the resident. The BC Seniors Advocate office is also a good resource to assist with referrals to local resources and health agencies. www.seniorsadvocatebc.ca
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Tony Gioventu, Executive Director CHOA
Kindly note CHOA is a member-based, non-profit association. If your strata is not currently a CHOA member please consider joining – membership details are posted on our website at: https://www.choa.bc.ca/about-choa/join-choa/
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