Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot?

British Columbia, Canada


The following excerpt is from Meybodi v The Residential Section of The Owners, Strata Plan BCS 3261, 2018 BCCRT 490 (CanLII):

18. The applicant has made substantial arguments regarding the duty of the section not to use operating funds to pay for damage to individual strata lots. The section erroneously paid for the repair from the operating fund, and has tried to correct its error by charging the applicant. Strata councils and section executives are comprised of lay people and errors are expected. However, as stated in Ward v. The Owners, Strata Plan VIS #1165 2011 BCCA 512, the strata corporation must have permission in the bylaws to charge back costs they have paid. I find the decision reached in Ward applies equally to a section. Here, the section’s bylaws do not allow it to charge back the costs they paid.

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