Strata Disputes

Practical and Sensible Advice for Strata Disputes

The intricacies of strata law in British Columbia can feel overwhelming. Whether you are a strata owner looking to protect or assert your property rights or a strata council navigating complex  issues, we are here to provide expert guidance, clear advice, and practical solutions tailored to your needs.

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Frequently Asked Questions

For Strata Owners

What is a strata dispute, and when should I seek legal advice?

A strata dispute arises when there is disagreement between a strata owner and the strata corporation, other owners, or tenants about matters such as bylaw enforcement, repair obligations, or financial management. Seeking legal advice early can help you understand your rights and options for resolving the issue.

Can a strata corporation fine me for bylaw violations?

Yes, strata corporations can impose fines for bylaw or rule violations. However, they must follow the procedures outlined in the Strata Property Act, including giving you proper notice and an opportunity to respond before issuing a fine.

What are my rights if the strata corporation fails to repair common property?

If the strata corporation neglects its duty to maintain or repair common property, you may be entitled to take legal action to compel the repairs or seek compensation for damages. Legal advice can help determine the best approach.

Can I challenge strata bylaw enforcement?

Yes, you can challenge the enforcement of bylaws if you believe they are being applied unfairly, inconsistently, or in a discriminatory manner. The Civil Resolution Tribunal (CRT) often handles these disputes.

How do I dispute strata fees or special levies?

If you believe that strata fees or special levies have been calculated improperly or were approved without proper procedure, you can dispute them through the CRT. Legal advice can help ensure your claim is presented effectively.

What can I do if I feel harassed by the strata council?

Strata council members must act in good faith and comply with the Strata Property Act. If you experience harassment, you may be able to take legal action or file a complaint through the CRT.

Can the strata force me to sell my unit?

In rare cases, the strata can apply to the court for an order to sell an owner’s unit, but only for serious bylaw breaches or non-payment of strata fees. This is typically a last resort and requires significant legal justification.

How do I resolve disputes with another strata owner or tenant?

Disputes between owners or tenants are often addressed through the strata corporation’s bylaws or the CRT. Legal advice can help you determine whether the strata or another party is responsible for resolving the issue.

For Strata Corporations

What is the role of the strata corporation in resolving disputes?

The strata corporation must act as a neutral administrator when resolving disputes, ensuring that it enforces bylaws fairly and complies with the Strata Property Act. Failure to act impartially could expose the corporation to legal liability.

How can we enforce bylaws effectively and fairly?

Bylaws must be enforced consistently and in accordance with the Strata Property Act. This includes giving written notice, allowing the accused party to respond, and avoiding selective enforcement. Legal advice can help develop sound enforcement procedures.

What should we do if an owner refuses to pay strata fees or special levies?

The strata corporation has the right to register a lien against the owner’s unit for unpaid fees or levies. This must be done correctly under the Strata Property Act to avoid challenges from the owner.

Can we hold an owner responsible for damage to common property?

If the damage was caused by an owner, tenant, or their guests, the strata corporation may seek reimbursement through bylaw enforcement or legal action. It’s important to follow the proper procedures to enforce this claim.

What steps should we take if a dispute escalates?

When a dispute escalates, mediation or legal intervention may be necessary. The CRT handles many strata disputes, but complex cases may require court involvement. Legal counsel can help guide the process.

How do we handle complaints about noise or nuisance from an owner or tenant?

The strata corporation must investigate complaints and enforce applicable bylaws or rules. Ensure that complaints are documented, and take action in accordance with the Strata Property Act.

Can the strata corporation amend bylaws to address disputes?

Yes, the strata corporation can amend bylaws to address specific issues, but the changes must comply with the Strata Property Act and be approved by a three-quarters vote at a general meeting.

What are the strata council’s responsibilities when dealing with disputes?

The council must act in the best interests of the strata corporation, exercise due diligence, and avoid conflicts of interest. Mismanagement or bias in handling disputes can lead to legal consequences.