Tony Gioventu
The Province
Dear Tony:
We are a 65-unit bare-land strata in the Okanagan. Generally, everyone gets along well, but we have had an owner move in who has decided he can do whatever he wants. His neighbours on both sides are constantly his targets and noise, constant construction and blocked access occur daily.
We have tried to enforce the bylaws and impose fines, but he ignores us. We had a special general meeting on the advice of our lawyer to approve a court action to obtain an injunction, but the owners voted it down because they didn’t want to pay a special levy for the Supreme Court action.
Is this a common problem for other stratas in B.C.?
Margery K.
Dear Margery:
Active enforcement of bylaws has been a chronic challenge for strata councils since condo life began. Reasonable people comply with bylaws, pay fines, change habits and activities and work with strata communities.
The challenge we face is our frequent bylaw violators are rarely reasonable. They know the strata will likely avoid a major confrontation because of the cost, time, two-year limitation period and the need for a three-quarters vote at a general meeting.
All that has changed in favour of strata corporations and owners. On July 14, the Civil Resolution Tribunal commenced operations. At this time, strata corporations, owners and tenants are able to officially start a claim to address a variety of strata matters once possible only through a Supreme Court of B.C. action or arbitration. The implementation of the CRT will be in stages over the coming months, so while your strata, or an owner or tenant, can file a claim to stop the two-year limitation period from running out, it will be a few months before case management and hearings are functioning.
Here are the big changes of the types of disputes that can be addressed through the CRT either as strata, owner or tenant. The CRT will be able to determine whether a bylaw is enforceable, whether it was passed and registered properly, whether it is being enforced properly and fairly, and whether a party owes the fines and damages that may have been imposed. It will be able to issue an order for a party to comply with bylaws and to pay fines or damages that may have been incurred. In addition, the tribunal will be able to issue orders to strata corporations, orders and tenants, ordering them to comply with the Strata Property Act, the Regulations and the bylaws of the strata.
Owners and tenants may commence a claim online, and a strata council may commence a claim once it has passed a majority vote at a council meeting, authorizing it.
This no longer requires a three-quarters vote. In addition, there is no monetary limit to the amount that may be claimed. If there is a dispute over who owes a $100,000 insurance deductible, that dispute may be resolved through the CRT.
As you proceed through the CRT, the parties will be required to engage in a case-management process in hopes the parties can reach a consensual solution.
These solutions will form a binding agreement. Once a decision is reached by an adjudicator or is agreed in case management, the decision or agreement may be registered and enforced through the courts.
For more information go to: www. civilresolutionbc.ca.
Tony Gioventu is executive director of the Condominium Home Owners Association. Email [email protected]
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