All Posts By

Taeya Fitzpatrick

Have to Give Strata a Chance to Repair Common Property

By Strata and Condo Law

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. Read More

Amending a Strata Plan Error

By Strata and Condo Law

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. Read More

Costs of Remedying Bylaw Breaches can be Charged Back to Owners

By Strata and Condo Law

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. Read More