Day of reckoning due for obnoxious strata owner

Dear Tony: We are a 65-unit bare-land strata in the Okanagan. Generally everyone gets along very well, but we have had an obnoxious owner move in who has decided he can do whatever he wants. His neighbours on both sides are constantly his targets and the noise, constant construction and blocking their access occurs 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.? We are concerned that all these problems could result in violence.

Margery K.

Active enforcement of bylaws has been a chronic challenge for strata councils since condo life began in 1965. Reasonable people will comply with bylaws, pay fines, change their habits and activities and work with strata communities.

The challenge we all face is our frequent bylaw violators are rarely reasonable. They know the strata will likely avoid a major confrontation because of cost, time, the two-year limitation period and the need for a three-quarters vote at a general meeting.

All of that has suddenly changed in favour of strata corporations and owners.

On July 14, the Civil Resolution Tribunal began operations. Strata corporations, owners and tenants are now able to officially start a claim to address a variety of strata matters that were once only possible 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.

The CRT will be able to determine if a bylaw is enforceable, if it was passed and registered properly, if it is being enforced properly and fairly, and if a party owes the fines and damages that may have been imposed.

The CRT will be able to issue an order for a party to comply with the bylaws and to pay any of the fines or damages that may have been incurred.

In addition, the CRT will be able to issue orders to strata corporations, owners and tenants, ordering them to comply with the Strata Property Act and the regulations and bylaws of the strata.

Owners and tenants can begin a claim online, and a strata council can launch a claim once it has passed a majority vote at a council meeting authorizing the move. (This no longer requires a three-quarters vote at a general meeting.)

In addition, there is no 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 they can reach a consensual solution. Even 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 can be registered and enforced through the courts.

Owners, tenants, occupants and strata councils, it’s time to stop flouting the law and your bylaws. The day of reckoning is close at hand.

For more information, go to: civilresolutionbc.ca

Tony Gioventu is executive director of the Condominium Home Owners’ Association.