Resolving Disputes Between Strata and Unit Owners in BC

Published by:
James Turner

Reviewed by:
Alistair Vigier
Last Modified: 2024-05-17
Strata unit owners in BC often get into disputes.
Disagreements between condominium corporations and unit owners are handled by the Civil Resolution Tribunal, an online tribunal for legal disputes that aims to provide an affordable and accessible process for resolution.
Before filing a claim with the CRT, the parties must attempt to resolve the dispute through negotiation or mediation.
The Civil Resolution Tribunal has jurisdiction to hear a wide range of strata disputes, including those over bylaws or rules, the conduct of council members or owners, and expense allocation.

Finding Solutions for Strata and Unit Owner Disputes in BC
The CRT process involves the online submission of evidence and arguments, with a tribunal member deciding based on the evidence and the law.
If either party is unhappy with the decision, they may have limited grounds to appeal it to the BC Supreme Court. Condominium corporations and unit owners should understand their legal rights and obligations and seek legal advice when involved in strata disputes.
If you want to speak to a Realtor about strata disputes, we suggest calling British Columbia Realtor Jova Xu at 7786808530 … You can also text this number. She can help you devise a plan to get out of the situation.
Strata owner condo maintenance and repairs
Disputes over condominium maintenance and repairs in BC typically involve following the procedures outlined in the Strata Property Act and the strata corporation’s bylaws.
The Act requires that the strata corporation be responsible for the repair and maintenance of the common property and that unit owners be responsible for the repair and maintenance of their units.
Can a strata owner sue another strata owner?
Yes, a strata owner can sue another strata owner in British Columbia. If there is a dispute between strata owners, they must attempt to resolve it through negotiation or mediation. If unsuccessful, they may file a dispute resolution claim with the CRT.
How do I complain about a strata manager in BC?
If you’re facing issues with a strata manager in British Columbia, there are several steps you can take to address your concerns. Initially, try to resolve the matter informally by speaking directly with the strata manager.
If the issue continues, you can file a formal complaint with the RECBC, which regulates provincial strata management.
To file a complaint, you can download a Strata Management Complaint Form from the RECBC website. A strata unit owner in BC will be required to provide specific details about the strata manager and the nature of your complaint. The RECBC will review your complaint and may investigate the issue further.
Navigating Disagreements Between Strata and Unit Owners in BC
If the strata manager has violated their professional obligations or acted improperly, the RECBC may impose disciplinary action, ranging from a warning or fine to suspension or revocation of the strata manager’s license.
It’s important to remember that the RECBC can only investigate complaints against licensed strata managers. If the individual you’re complaining about is unlicensed, you may need to take other steps to resolve the issue, such as talking to the strata council or seeking legal counsel.
Can you sue a strata for negligence?
Strata corporations in British Columbia have a legal obligation to ensure the safety of their residents and visitors and can be held accountable for negligence.
If a strata corporation fails to meet this duty and someone is injured or suffers damage, they may be able to bring a claim for negligence against the strata corporation.
For example, if a person slips and falls on a slippery surface due to the strata corporation’s failure to maintain common property, they may have a negligence claim.
If a known safety hazard, such as a loose railing or uneven walkway, is not addressed and a person is injured, they may be able to bring a claim against the strata corporation.
To succeed in a negligence claim, the injured person must prove that the strata corporation breached its duty of care and that this breach caused the injury or damage suffered.
What is Section 135 of the Strata Property Act?
Section 135 of the Strata Property Act in British Columbia provides a legal avenue for a strata corporation to enforce its bylaws or rules against an owner who does not comply with them.
To begin the process, the strata corporation must serve the owner with a notice requiring compliance. If the owner fails to comply within the specified time, the strata corporation can then apply to the court for an order requiring the owner to comply with the bylaw or rule.
The court can issue an order requiring compliance with the bylaw or rule. It may also make additional orders deemed appropriate, such as imposing fines or ordering the owner to pay the strata corporation’s legal costs.
It’s worth noting that the strata corporation must first pass a bylaw or rule outlining the specific requirements or standards that the owner is not complying with and must give the owner notice of the bylaw or rule and the requirement to comply before applying to the court under Section 135.
Managing Strata and Unit Owner Conflicts in BC
If you feel that you are being treated unfairly by your strata council, there are several steps you can take to address the issue.
Try to address the issue with the strata council directly by requesting a meeting to discuss your concerns and attempt to find a resolution. The issue may result from a miscommunication or a misunderstanding that can be resolved through discussion.
Review the strata corporation’s bylaws to determine whether the council’s actions are consistent with the bylaws. If the council acts outside its authority, you may have a basis for challenging its decisions.
If you cannot resolve the issue directly with the strata council, consider seeking mediation. Mediation involves a neutral third party who assists the parties in reaching a resolution.
If you are a strata unit owner in BC, follow these steps. If you need help, see the beginning of this article for some helpful contacts.
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