Category

Strata and Condo Law

Failure to Respond to CRT

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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” »

Obligations re: Repair of Common Property and Strata Corporations

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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” »

Recovering Fines for Breaching an Age Restriction Bylaw

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In two recent decisions regarding the same parties, a strata corporation has taken steps to enforce its age restriction bylaws against an owner who was below the age limit and continued to reside in the strata lot.

In the case of The Owners, Strata Plan NWS 3075 v. Stevens, 2017 BCSC 1306 (not available), the strata corporation asked the court to confirm that the owner was breaching its age bylaw, and then sued the owner again in The Owners, Strata Plan NW 3075 v. Stevens, 2018 BCPC 2 to collect the fines. Continue reading “Recovering Fines for Breaching an Age Restriction Bylaw” »

Have to Give Strata a Chance to Repair Common Property

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In the case of Rawle v The Owners, Strata Plan NWS 3423, 2017 BCCRT 15, the Civil Resolution Tribunal found that an owner who wants the strata to repair common property, actually has to give the strata a chance to do so before suing the strata.

Within the strata lot was a fireplace with a disconnected flue. How the flue became disconnected was unknown. However, the cost to reconnect it was in issue between the owner and the strata corporation. Continue reading “Have to Give Strata a Chance to Repair Common Property” »

Strata Council Mismanagement Leads to being Ordered to Hire Strata Manager

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A dysfunctional strata corporation can lead to a court appointed administrator, which can be very expensive for the strata corporation, for the court proceeding and the cost of the administrator.

However, only the BC Supreme Court can appoint an administrator for a strata corporation, the Civil Resolution Tribunal doesn’t have that power. Continue reading “Strata Council Mismanagement Leads to being Ordered to Hire Strata Manager” »

Proper Use of Operating Fund, CRF and Special Levies

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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” »