Does My Personal Insurance Cover a Strata Bylaw-Imposed Deductible Chargeback?
The question: if my in-unit water heater (or any in-unit appliance) leaks and the strata charges its insurance deductible back to me under SPA s.158 + a “responsible for” bylaw, does my personal home/condo policy actually cover that liability — or does a “liability assumed by contract” exclusion leave me uninsured for a five-figure chargeback?
Why it is open
The bylaw-chargeback liability is assumed via the strata’s bylaw, and some personal policies exclude liability “assumed by contract / by agreement.” So the insurance backstop may not exist. This is the core of The Strata Insurance Circularity Problem — and it is NOT answerable without reading your specific policy and the strata’s registered bylaws. Ask your broker in writing.
What to ask your broker (ready to ask in one conversation)
- Does my policy’s loss-assessment coverage cover a strata bylaw-imposed deductible chargeback specifically? (not just “loss assessment” generically)
- Does my policy contain a “liability assumed by contract/agreement” exclusion? If so, is a bylaw-imposed deductible chargeback carved back in?
- Request the answer IN WRITING — a named coverage limit and an explicit statement on the exclusion.
- Confirm the coverage limit matches the building’s current water-damage deductible (250K+).
Ideas that answer this question
- Aging In-Unit Hot Water Tanks In Strata Should Be Proactively Replaced (Home Systems) — proactive replacement removes the trigger event entirely, sidestepping the coverage question.
- Strata In-Unit Hot Water Tank Is Owner Responsibility By Default in BC (Home Systems) — establishes that the owner is the “responsible” party the chargeback attaches to.
- (External answer pending) The Strata Insurance Circularity Problem — documents the structural gap; the definitive answer requires the insurer’s written confirmation.
Idea Compass
North: Where this comes from
- SPA s.158 + bylaw strict liability — the source of the assumed liability that creates this coverage question
East: Tensions / failure
- the coverage gap / “liability assumed by contract” exclusion tension — the open question that makes this note a question, not an idea
South: Where this leads
- the named-resource card: insurer + broker → Insurance MOC, with a written-confirmation action — the resolution path
West: What’s similar
- the same coverage-verification question for every in-unit leak-risk component:
- toilet
- supply lines
- washer
- dishwasher
Routes to → water-heater (Home Systems) (Q10) + the Insurance MOC named-resource card (FILL-pending). This is an expert/human question — askable in one conversation once the policy + bylaws are in hand.