All Posts By

Taeya Fitzpatrick

CRT Jurisdiction doesn’t Extend to Previous Owners

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The Civil Resolution Tribunal is an online dispute resolution tribunal that handles many strata disputes as well as small claims matters under $5,000. Recently, the CRT was asked to resolve a dispute between a former owner of a strata lot and the strata corporation. Before the CRT could make a decision, it had to consider whether it had jurisdiction to resolve the claim. Continue reading “CRT Jurisdiction doesn’t Extend to Previous Owners” »

What is a Residential Strata Lot?

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The issue of whether a strata lot is residential can have significant impact on how the strata corporation operates. Of significant concern (in many cases) is whether there are both residential and non-residential strata lots which means that any bylaw change requires 3/4 vote approval from the residential units and 3/4 vote approval from the non-residential units. But how does a strata corporation know whether some of the units are residential or not? Continue reading “What is a Residential Strata Lot?” »

Strata Property Act doesn’t Protect Short Term Rentals

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The ability to rent a strata lot can be very important to some owners and the entire reason that they purchased the strata lot. However, the Strata Property Act does permit a strata corporation to restrict rentals: whether any rentals are permitted; how many strata lots may be rented at a time; or the minimal term for rentals (i.e. minimum one year). Continue reading “Strata Property Act doesn’t Protect Short Term Rentals” »

Default Strata Collections

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In three interesting decisions from the Civil Resolution Tribunal (“CRT”), three different strata corporations sued individual owners to collect amounts from the owners. What is interesting about those decisions is that the individual owners failed to respond to the CRT disputes and the strata corporations were able to obtain default orders regarding the claimed amounts. Because the owners didn’t respond, the CRT did not consider whether the amounts were properly claimed from the owners: it assumed responsibility. Continue reading “Default Strata Collections” »

CRT Collections

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Several strata corporations have turned to the online Civil Resolution Tribunal (“CRT”) to collect strata fees and special levies from their owners. There are at least five reported CRT decisions with respect to collections alone. Three of those decisions were for a single strata corporation.

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Consolidating Bylaws

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While it may be convenient to use a consolidated set of bylaws, especially when there have been numerous, piecemeal revisions to the bylaws over the years, relying on a consolidated set of bylaws can create serious issues. Further issues can be caused when a strata corporation files a consolidated set of bylaws in the Land Title Office (the “LTO”). A strata corporation should only distribute the filed, legal version of the bylaws to its owners.

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