Dear Tony: We have an ongoing problem with our strata council. We have lived in our townhouse unit for four years without incident, but now our neighbour has decided to convert his garage, which is adjacent to our living room, into a workshop so he can make wood furniture as a retirement hobby-job. During the day on weekdays we are not home, so have no problem with the noise. But other neighbours are complaining. During evenings and on weekends and holidays, his saws and fans run frequently. Last weekend was the final straw, when he started up at 8 on Sunday morning. This guy is also a member of council and the rest of council are a bit afraid of his aggressive behaviour. He threatens to sue people any time they challenge him. We are hoping we will be able to address this type of issue in the tribunal. When does the tribunal come into effect and how much authority does it have? Carter D., Port Coquitlam
The Civil Resolution (CRT) was originally passed in 2012, and the most recent amendments under Bill 44 have been passed and are awaiting royal assent. Here are the basics for strata corporations.
The CRT focus is to make justice accessible to the public across the province in a timely, affordable and understandable capacity so the average person can easily deal with the day-to-day civil disputes that occur in strata corporations and small-claims matters under $10,000. The system will be entirely online for convenient access, and will also maintain phone, translation and special needs support to ensure accessibility for everyone.
Once the tribunal comes into full effect, it will be able to order strata corporations, owners and tenants to comply with the Strata Property Act and the bylaws of the strata, and will be able to decide if a person or the strata corporation is obliged to pay money over an issue.
It will not, however, apply to matters that relate to the appointment of administrators, the sale of strata lots, liquidation or dissolution of a strata.
Strata councils that are not enforcing bylaws, not enforcing them fairly, or are not complying with the Act, Regulations or their bylaws, may discover they are ordered to fulfill their obligations and may be ordered to pay for the damages associated.
One important feature of the tribunal as it pertains to strata corporations is that the strata council will not require a three-quarters vote of the owners to proceed with a claim in the tribunal. If an owner is not complying with bylaws, or owes fines, money for damages or an insurance deductible, the strata council by majority vote at a council meeting will be entitled to commence a claim. This is one of the more significant benefits of the tribunal for strata corporations.
Currently, an application to enforce a bylaw is a Supreme Court of B.C. application. The cost and time involved is significant, but more important, it requires a three-quarters vote of the owners at a general meeting, which is often defeated because the majority who are not affected by the bylaw infraction simply don’t support the cost or time of the action.
The time periods will also be essential. In a short window of 60 to 90 days and at a filing cost of a couple hundred dollars, a strata council will be able to file a claim and proceed through case management and an adjudication to hopefully obtain a successful order to enforce the bylaw or compliance with the bylaw.
That order or decision to do something, stop doing something or to pay for something may be registered against the strata lot and enforced in the same manner as court decisions. The CRT will provide an enormous amount of relief to resolve the day-to-day nagging disputes and compliance issues that plague strata corporations and owners. Implementation will, hopefully, be at the end of this year. To follow the progress and more information, go to: civilresolutionbc.ca.
Tony Gioventu is executive director of the Condominium Home Owners’ Association.