Oh Behave: Or We Will Sell Your Strata Unit

Posted by Johannes Schenk on February 20th, 2014 — Posted in Litigation, Professional Discipline

This will be of interest to the Realtors®, mortgage brokers, strata owners and bad tenants. In short if the folks living in the unit misbehave enough, the court will entertain and apply the available remedies including:

1. an order to behave and comply with bylaws;
2. an order compelling payment of monetary penalties;
3. an eviction order;
4. contempt proceedings; and finally,
5. an order forcing the sale of the strata unit.

2013 BCCA 206 The Owners Strata Plan LMS 2768 v. Jordison, has the BC Court of Appeal confirming a court ordered sale of a strata unit on the basis of section 173 of the Strata Property Act, the unit owner and occupants’ repeated bylaw breaches, failure to pay significant penalties, contempt of a court order in that regard, general obnoxious behavior and as a last resort when all else failed.

The strata was given conduct of sale.

It took a lot to get to that point, including numerous court attendances and proceedings. Having said that, this case makes clear that the Strata Act allows for a forced sale as a possible remedy to a problem owner and tenant.

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