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Taeya Fitzpatrick

Strata Wins $54,000 in Fines Against Owner

By | Strata and Condo Law | No Comments

Strata Corporations can issue fines when an owner breaches the bylaws. At $200 an occurrence and a further $200/week for an ongoing contravention, the fines can add up fairly quickly. In the case of the Owners, Strata Plan KAS 3162 v Staerkle, 2018 BCSC 1290, the fines were in excess of $50,000.00, and the Court ordered the owner to pay the fines. Continue reading “Strata Wins $54,000 in Fines Against Owner” »

Unreasonable Noise Levels in Strata Living

By | Strata and Condo Law | No Comments

Unreasonable noise can, depending on the circumstances, amount to nuisance. In law, a party that causes a nuisance, can be liable for somewhat nominal (depending on the circumstances) damages.

The case of Chen v The Owners, Strata Plan NW 2265, 2017 BCCRT 113, was a dispute as to whether the common property hot tub, Continue reading “Unreasonable Noise Levels in Strata Living” »

Failure to Respond to CRT

By | Strata and Condo Law | No Comments

Not only can the CRT make default orders against a respondent that fails to file a response to a claim, but the CRT can make default orders against a party that files a response and fails to respond to communications from the CRT.

As previously discussed in a past post, there is an ability to overturn default orders. However, once a default order is granted, overturning it will be more difficult than simply responding to the process in the first place. Further, there is always the risk being denied the request to overturn the default decision. Continue reading “Failure to Respond to CRT” »