Question 1

What authorization does the strata corporation need to sue?

Eric · Accepted Answer

The strata corporation must be authorized by a resolution approved by a ¾ vote of the owners at a general meeting before it can proceed with any legal action or arbitration. An owner who is being sued, cannot vote on this resolution.
The strata corporation does not require authorization if it is initiating or continuing legal proceedings to collect areas strata fees.
The strata corporation must be authorized by a resolution approved by a ¾ vote of the owners at a general meeting before it can proceed with legal action in the Small Claims Court, except if there is a bylaw in place that dispenses with this requirement. This action is typically required to collect fines and contributions to insurance deductibles.

Question 2

How do I serve notice on the strata corporation?

Eric · Accepted Answer

The strata corporation can only be served by:

Personally serving a strata council member; or
Sending the notice by registered mail to the strata corporation at its most recent mailing address on file at the land title office (LTO)

Question 3

What can an owner or tenant do when the strata council acts outside of is authority?

Eric · Accepted Answer

The Owner or Tenant can apply to the Supreme court for an order that the strata corporation

per its duty under the Act, Regulations Bylaws and Rules; or
stop contravening the Act, Regulations Bylaws and Rules

(section 165 of the Act)

Question 4

What can an owner or tenant do to remedy or prevent an unfair action by the strata corporation?

Eric · Accepted Answer

Section 164 of the Act is used to remedy significantly unfair acts. The owner or tenant may apply to the Supreme court for an order preventing or remedying a significantly unfair act in relation to:

Action or threatened action of the strata corporation;
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.

The court may direct or prohibit an act of the strata corporation or council, vary a transaction or resolution, or regulate the conduct of the strata corporation’s future affairs; and may make any other order it considers necessary,

Question 5

Who may sue the strata corporation?

Eric · Accepted Answer

The Strata Corporation may be sued:

As a representative of the owners with respect wot matters relating to common property, common assets, bylaws or rules, and an act or omission of the strata corporation;
By the owner of a strata lot;
By any third party with a valid claim.

Question 6

On behalf of who may the strata corporation sue?

Eric · Accepted Answer

The strata corporation may sue:

As representative of all the strata lot owners;
On behalf of one or more owners about matters affecting their strata lots;
The strata corporation may sue an Owner

Question 7

In what court with the strata sue?

Eric · Accepted Answer

In the Supreme Court

Matters relating to the interpretation of the Act;
Matters relating to the duties and obligations of various parties in a strata development;
Collection of arrears strata fees and interest thereon, special levies and interest thereon (s. 116); and reasonable legal fees (s. 118)
Filing an Arbitrator’s decision where the award is over $25,000.
Order for eviction. injunction or other relief against an owner or tenant.

In the Small Claims Court

Where the amount claimed is less than $25,000;
Filing an Arbitrator’s decision where the award is over $25,000 for:
- debt or damages;
- recovery of personal property;
- specific performance of an agreement relating to personal property or services;
- relief from opposing claims to personal property.

Question 8

Can marihuana be grown in a strata unit?

Eric · Accepted Answer

If the Owner has a valid license, yes!

However… Under the new marihuana regulations in force as of June 19, 2013, Health Canada will phase out all marihuana production in residential areas, including residential strata lots. The intent is to phase out private producers and to make medical marihuana available to users through reputable, licensed and controlled producers. Production will take place in secure and highly regulated commercial facilities by licensed professionals. Under the current scheme, there are no specific Health Canada policies dealing directly with medical marihuana being grown in a strata lot. Therefore, it is possible that an owner who lives in a strata lot may have been issued a valid production licence.

Question 9

My strata lot is lienable but I made a payment arrangement, but I defaulted on the arrangement; may I vote at the general meeting?

Eric · Accepted Answer

No. The default will not be acceptable to the strata corporation [s. 116(3)(b)]

Question 10

My strata lot is lienable but I made a payment arrangement; may I vote at the general meeting?

Eric · Accepted Answer

Yes. [s. 116(3)(b)]

Question 11

My strata fees are up to date, but I owe fines; may I vote at a general meeting?

Eric · Accepted Answer

Yes. Fines are not lienable in terms of s. 116 of the SPA.

Question 12

For the purposes of voting at a general meeting; When is the Strata Corporation entitled to register a lien against the Strata Lot?

Eric · Accepted Answer

When the following is in place:

The Strata Corporation has a bylaw in place pursuant to s. 53(2) of the SPA, which section stipulates that the strata may make a bylaw that prohibits an owner from voting at a general meeting;
The Owner is in arrears with s. 116 fees;
a s. 112(2) notice has been given; and
14 days (plus 5) have elapsed from the date of the notice.

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