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” »
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?” »
In my December 2, 2016 post Owner vs Strata Corporation, I noted how I successfully represented an owner in suing a strata corporation for improper bylaw enforcement. The CRT has followed this decision in its decision of Biddle v The Owners, Strata Plan NWS 1670, 2017 BCCRT 34. Continue reading “Improper Strata Bylaw Enforcement” »
A strata corporation, in certain instances, is required to sue its own owners to achieve its goals, which can include, collection of strata fee arrears, special levy arrears, fines, prevent the owner from further breaching the bylaws, collecting insurance deductibles, etc. Continue reading “Suing Strata Owners” »
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” »
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” »
The second strata corporation in British Columbia to evict an owner for problem behaviour is The Owners, Strata Plan NW 1245 in the BC Supreme Court decision The Owners, Strata Plan NW 1245 v Linden, 2017 BCSC 852. Continue reading “Strata Successfully Evicted a Problem Owner” »
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.
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.