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CONDOMINIUMS - Unit holders - Liability of

Monday, November 18, 2019 @ 9:15 AM  

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Appeal by a strata unit owner from the decision requiring the appellant to reimburse the respondent strata corporation for repairs required to the appellant’s suite due to hazardous modifications she made without permission. At the time when the respondent noticed the modifications, the appellant was taken into psychiatric care. Without notice to her that the respondent intended to make the repairs and to seek to have her pay the costs it would incur, the respondent had the repairs done. It then notified the Public Trustee that the appellant would be responsible for the costs. The respondent sought and obtained an order that the appellant reimburse it pursuant to s. 133 of the Strata Property Act.

HELD: Appeal allowed. The chambers judge erred in granting judgment. The notice provisions in the Act were not ambiguous. There was no leeway to allow the Strata to recover costs incurred to effect repairs to the appellant’s unit without notice and without other legal authority. The notice given to the Public Trustee was not the notice that would ordinarily have been served with a view toward recovery of costs pursuant to s. 133 of the Act.

Strata Plan NW 307 v. Desaulniers, [2019] B.C.J. No. 1918, British Columbia Court of Appeal, M.E. Saunders, A.W. MacKenzie and P.M. Willcock JJ.A., October 15, 2019. Digest No. TLD-November182019003