Strata Disputes
Return to main FAQ page Please read the FAQ general disclaimer applicable to this page’s content QUESTIONS RELATING TO STRATA DISPUTES In what court with the
Return to main FAQ page Please read the FAQ general disclaimer applicable to this page’s content QUESTIONS RELATING TO STRATA DISPUTES In what court with the
What is Strata Law? Strata law relates to the statutes, regulations, bylaws and rules that regulate the legal relationships between the strata corporation, strata council,
A Why must I hold back 7% when I buy a strata unit from an owner developer? Section 88(2) of the Strata Property Act, read
Costs to Collect Strata Fees Now Fully Recoverable! The last day of October brought good news to strata corporations. Three judges of the British Columbia
The Strata Corporation and the Civil Resolution Tribunal (CRT) is an online method for resolving strata and small claims disputes, first by way of case
A May a proxy holder nominate the owner who gave him the proxy for election to strata council? Yes, but only if the proxy holder
A If the strata council still refuses to add the resolution to the AGM agenda, what can I do? Firstly, section 43(6) does not apply.
A The strata council does not want to include my resolution in the AGM agenda. What now? Section 46(2) states that persons holding at least
A If a strata corporation does NOT have a non-smoking bylaw, how can complaints of second-hand smoke be addressed? There are many different legal avenues
A If a strata corporation adopts a non-smoking bylaw, how can it be enforced? 1) Internal Remedies: Assuming that the adoption of the Smoking Prohibition
A Is addiction to nicotine a disability? If so, do Strata Corporations have to make accommodations for smokers when adopting a non-smoking bylaw? The Charter
A Do strata corporations have to make reasonable accommodation for owners with a disability caused or exacerbated by second-hand smoke? A demonstrated allergy or environmental
A Do provincial or municipal governments have smoke-free laws that apply to strata corporations? Yes. Effective March 31, 2008, pursuant to the newly amended Tobacco
A Can a strata corporation adopt a non-smoking bylaw? Yes. It is legal for a strata corporation to adopt a non-smoking bylaw that bans smoking
A Must the Strata Council enforce the Strata Corporation’s Bylaws and Rules? Yes. Strata corporations need to be willing to enforce these bylaws by dealing
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