All Posts By

Taeya Fitzpatrick

AirBnB’s in Stratas

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Like all rental topics on stratas, AirBnB’s have been a hot topic for all involved in stratas. The main issue noted with AirBnB’s in stratas, is the short term rentals of the strata lots and the concern regarding security, wear and tear of the common property, noise, etc.

For some living in stratas, the question is whether using their strata lot as an AirBnB is permitted. For most owners, they only look to their bylaws as to whether AirBnB’s are permitted. Continue reading “AirBnB’s in Stratas” »

B.C. Supreme Court Rules Committee Inviting Comments on Proposed Changes to Probate Rules

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The Attorney General’s B.C. Supreme Court Rules Committee is requesting comments on proposed changes to the probate rules. You can read the proposed changes here.

A couple of the proposed changes caught my eye. One proposed changes to broaden the class of persons who may file a notice of dispute to oppose an estate grant. As I previously wrote the current Rule 25-10 (1) is too restrictive. Continue reading “B.C. Supreme Court Rules Committee Inviting Comments on Proposed Changes to Probate Rules” »

Strata Parking Disputes

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In an interesting dispute, an owner sued her strata in the CRT for changing which stall was the designated handicapped parking space: Ehrne v The Owners, Strata Plan VR 2601, 2017 CRTBC 2.

On the strata plan the strata originally had a common property stall designated as a handicapped stall, the other stalls were designated as limited common property by special resolution and had been that way since 1990. In 2014, the strata painted over the common property handicapped parking sign and it was assigned to a new owner. Continue reading “Strata Parking Disputes” »

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” »