A similar clause was considered in Blackmore v. Strata Plan VR 274, 2004 BCSC 1121. Goepel J. held that the bylaw contemplated that the owner will be assessed first and only if the assessment is unpaid can the strata corporation commence an action to recover an amount if owing. The respondent argues that Blackmore deals with an arbitrator's jurisdiction to order costs and is, therefore, not applicable to this matter. However, I do not agree the case has the limited application argued by the respondent. Goepel J. was dealing with what the appropriate costs award was and considered the application of the bylaw in determining the appropriate award.
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