STRATA PROPERTY CASES
Living within strata properties creates an interesting relationship between neighbours that is strangely unique. Members of the Strata Council are given powers that greatly affect people’s lives. Often good intention lead to disputes between strata members or the Strata council and its members. Being a member of a strata and President/Vice-President of a Strata Council for seven years, I have witnessed many cases like this. I created the by-laws for a strata property that affected the lives of hundreds of people. I have an intimate knowledge of the Strata Property Act and I know of the conflict that can arise from it.
This is why one of Bravo Plan’s primary focuses the successful mediation and arbitration of Strata Property issues. Section 177(1) of the Strata Property Act encourages the use of an Arbitrator or Mediator for solving issues that may arise. The benefits of doing so are numerous. Courts and lawyers can be expensive for both parties and it may costs 10’s if not 100’s of thousands of dollars to settle in court. Courts are currently overloaded with cases and a strata property case may take years to resolve. But the true benefit of mediation is the focus on a mutually acceptable agreement and building of relationships. In the end, the parties often will remain neighbours and a non-adversarial resolution to the problem gives rise to better dealings in the future.Common issues that are resolved through mediation or arbitration include the following:(a) the interpretation or application of the Strata Property Act, the regulations, the bylaws or the rules;
(b) the common property or common assets;
(c) the use or enjoyment of a strata lot;
(d) money owing, including money owing as a fine, under this Act, the regulations, the bylaws or the rules;
(e) an action or threatened action by, or decision of, the strata corporation, including the council, in relation to an owner or tenant;
(f) the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.
Remember, the initial consultation is free. This allows for you to find out if your case
in suitable for mediation or arbitration and to ensure that you are comfortable
with the person who would be performing it for you. All of Bravo Plan’s mediators have experience both professionally
and personally in the field of Strata Corporations and will be able to help
you.
The Strata Property Act may be viewed at the following address:
http://www.qp.gov.bc.ca/statreg/stat/S/98043_01.htm