All Posts By

Taeya Fitzpatrick

Proper Use of Operating Fund, CRF and Special Levies

By | Strata and Condo Law | No Comments

For a strata council completing its repair and maintenance obligations, there are three sources that the council can use the funds from: the operating fund, the contingency reserve fund (“CRF”), or directly from the owners by way of special levy. Sometimes the questions arises as to what source should be used for a specific repair item. Continue reading “Proper Use of Operating Fund, CRF and Special Levies” »

Amending a Strata Plan Error

By | Strata and Condo Law | No Comments

In a previous post, I discussed a case that was sent back to trial regarding the amendment of an error in a strata plan. At issue was whether the LCP designations of parking were done in error.

All owners of the strata corporation had been under the impression that several spaces were visitor parking spaces. However, when some new owners, the Chows, moved in, they found out that the visitor parking space next to their unit had actually been designated as LCP for their benefit in the strata plan. Other owners then became aware of the same thing and, therefore, all visitor parking spaces were actually LCP parking spaces. Those owners then starting using those spaces as their parking spaces. Continue reading “Amending a Strata Plan Error” »

Winding Up Strata Corporations

By | Strata and Condo Law | 2 Comments

The first reported strata corporation to force the winding up of the entire strata corporation with only 80% approval of the owners is The Owners, Strata Plan VR 2122 v Wake, 2017 BCSC 2386.

Earlier in 2017, another strata corporation attempted to force the wind up of itself, but was unsuccessful because the resolution was deficient.  Continue reading “Winding Up Strata Corporations” »

Costs of Remedying Bylaw Breaches can be Charged Back to Owners

By | Strata and Condo Law | No Comments

Section 131 of the Strata Property Act permits the strata corporation to recover from an owner the cost of remedying a bylaw contravention. This is a very broadly worded section and, depending on the breach, can result in significant charge backs to an owner who has breached the bylaws.

In the case of The Owners, Strata Plan NW 2170 v Broadbent, 2017 BCCRT 114, an owner had made structural changes to her strata lot without permission of the strata council as required in the bylaws: she had widened a doorway in her unit and altered a structural beam to do so. As a result of the changes, the strata council was concerned that the owner had compromised the structural integrity of the roof of her strata lot. Continue reading “Costs of Remedying Bylaw Breaches can be Charged Back to Owners” »

Easement Costs between Strata Corporations

By | Strata and Condo Law | No Comments

Some strata corporations are so close to each other that the access to one is over the roadway of another, or they share use of common facilities. In some cases, the developer for the two stratas was the same developer and they created a facility sharing agreement – such as a parking area facility agreement. Continue reading “Easement Costs between Strata Corporations” »

Can a Strata Allocate Repair of Common Property Roofs to Owners?

By | Strata and Condo Law | One Comment

There are two types of possible strata plans: bare land strata and regular strata plans. A regular strata plan can consist of condos, townhomes, duplexes, etc. Some regular stratas look like bare land because all houses are not attached to each other. However, whether it is actually a bare land strata depends on the strata plan that is filed with the Land Title Office. The distinction is very important because it can greatly affect repair and maintenance obligations for the strata corporation and individual owners. Continue reading “Can a Strata Allocate Repair of Common Property Roofs to Owners?” »

Smoking in Stratas

By | Strata and Condo Law | No Comments

Smoking is a polarizing issue, typically smoker vs non-smoker. This debate can become heated in the strata complex when people live close together and it is a question of who has the greater right: the person who wants to live in a smoke-free home or the smoker who has been smoking for many years and is most likely addicted.

This has come up twice now in reported CRT decisions: The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 BCCRT 1; and Mundel et al v. Hastings-Evans et al, 2017 BCCRT 108. Continue reading “Smoking in Stratas” »