A strata corporation typically incurs legal fees when collecting strata fee or special levy arrears from owners through the strata lien process. As discussed in my previous post Can a strata collect full legal fees when collecting on a strata lien?, those legal fees can be collected 100% from the owner who was in arrears.
The Strata Property Act has a specific, if lengthy, procedure when expanding the habitable area of a strata lot. In the case of Hassan v The Owners, Strata Plan LMS 2854, 2018 BCCRT 303, the strata was in a dispute with the owners over whether the owners followed the correct procedure when expanding their habitable area.
Pets are often a polarizing issue: are owners permitted pets, if so, what kind of pets are they allowed. Even if owners are permitted to have pets in their strata lot, the strata can force the removal of the pet under certain circumstances. Continue reading “Owners Ordered to Remove Large Dogs” »
Marijuana was an issue in strata’s before the legalization of marijuana, but was not as wide ranging an issue due to the fact that only medical marijuana was legal. Now, any persons can consume and grow their own marijuana. Continue reading “Has Your Strata Prepared for the Marijuana Legalization?” »
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 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” »
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” »
I and Mark Brade have the honour of presenting our Wills and Estates Intro – Why You Need an Estate Plan at the 14th Annual Senior’s Safety Fair: Continue reading “14th Annual Senior’s Safety Fair” »
The short answer is yes: in certain circumstances council can require access to your strata lot and you can be penalized if you don’t grant that access. Continue reading “Do You Have to Let Strata Council into Your Strata Lot?” »
A topic that comes up often is whether the strata corporation has adequately repaired its common property. This came up in the case of Rueger v The Owners, Strata Plan VR 319, 2017 BCCRT 80.
The strata corporation had heating cables in its roadway, that were installed when the strata corporation was built 40 years ago. In the 40 years since, the heating cables started to fail and needed to be replaced completely if they were to work again. Continue reading “Obligations re: Repair of Common Property and Strata Corporations” »