Each strata property is managed by a strata corporation, which consists of all the owners in the strata community. In many cases, this corporation is managed by a council of owners who do things like set the annual community budget, and ensure the community adheres to the rules and regulations set by the Strata bylaws. For the most part, these councils and communities are able to resolve minor disputes themselves as they pertain to both residential or commercial disputes.
When a dispute is unable to resolve on its own, our experienced team at FH&P Lawyers can be included to assist. For the most part, these matters involve an individual resident who is struggling to have a complaint addressed. Some of these matters include compensation for construction defects in their home or apartment, or a breach of contract claim. In cases like these, clients often require the help of a lawyer who has a detailed understanding of strata dispute resolution as it is applies in BC.
Generally, court actions relating to the interpretation of the Strata Property Act and the duties and obligations of various parties in a strata development cannot be brought to Provincial Court. However, the strata corporation may sue an owner or tenant, and may file an arbitrator’s decision and order for costs in Provincial Court.
An owner or tenant may apply to the Supreme Court for an order preventing or remedying a significantly unfair: action or threatened action of the strata corporation or strata council, decision of the strata corporation or strata council, exercise of voting rights by a person who holds 50% or more of the votes, including proxies at a general meeting