Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan 1773 v. Horvath, 2021 BCCRT 641 (CanLII):
34. Although the decision does not bind me, I also agree with the CRT member in The Owners, Strata Plan VIS 6634 v. Brown, 2017 BCCRT 86, that section 158(2) provides a standalone right for a strata to sue an owner and does not require a strata corporation to have a bylaw as a “pre-condition” to doing so. Here, it is uncontested that the bylaws do not modify the standard set by section 158(2).
35. Given that the issue is the application of the section 158(2) standard, I find the decision in Mari v. Strata Plan LMS 2835, 2007 BCSC 740 applicable.
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