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.
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. Read More
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. Read More
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, Read More
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. Read More
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. Read More
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. Read More
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. Read More