FAQs: Law Suits

A strata corporation is served with a writ. How soon does the strata corporation have to notify the owners of the law suit?

Section 167 of the Strata Property Act states that the strata corporation must inform the owners “as soon as it is feasible”, if it is being sued. The Oxford Dictionary defines feasible as “practical” or “capable of being done”. In addition, section 65 of the Act permits the strata corporation to notify owners of a law suit by leaving a document containing the information at a location designated by the strata corporation for the distribution of such information i.e. in the lobby or in a common area OR by posting the information in a part of the common proeprty designated by the strata corporation for the posting of such information i.e a notice board or bulletin board OR by any other method.

A strata corporation wants to start legal action and sue an owner to collect outstanding strata fees. Does the strata corporation need to pass a resolution by a 3/4 vote to authorize the law suit?

No. A recent B.C. Supreme Court decision determined that a 3/4 vote is not necessary before an strata corporation may sue an owner in arrears of strata fees or special levies.

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