Tribunal will clear a path to resolving strata disputes
Dear Tony: We have a question about the Civil Resolution Tribunal. When it comes into effect next year, will the tribunal be able to determine if a bylaw is enforceable?
Our strata corporation has adopted a bunch of wonky bylaws over the years and every time they want to target someone over an issue, they trot out one of these bylaws and start harassing people endlessly.
Most people eventually sell, but we’re ready to fight back.
For example, we have a bylaw that gives council discretion to determine whether a person should have a pet. It actually does not limit pets of any type, so how could that be an enforceable bylaw?
Anne A. To challenge a bylaw currently requires either an action in the Supreme Court of B.C. or arbitration under the Strata Property Act. The costs can easily be $10,000 to $25,000 and the dispute can take months, and even years, to resolve.
The Civil Resolution Tribunal will be able to determine whether a bylaw is enforceable, was amended properly, was enforced by the council properly and was enforced fairly, and can order the council to enforce the bylaw.
The tribunal will also be able to order either the council or an owner, tenant or occupant to do or stop doing something as it relates to the bylaws. The introduction of the CRT will make a significant change to strata operations.
The tribunal will provide a quick and cost-effective solution for disputes that relate to the act, bylaws and operations.
Once it is in effect, strata councils, for a minimal cost, will be able to use the tribunal and will no longer require a three-quarters vote of owners to proceed with a bylaw-enforcement application.
Owners and tenants will have quick and affordable access to obtaining orders for strata councils to comply with the act and bylaws, and orders for them to enforce bylaws if they are failing to act.
The tribunal will also be able to make decisions on financial matters, such as claims of damages, insurance deductibles, fines, strata fees, special levies and user fees.
In addition, the tribunal will be able to order a strata corporation to do repairs or remedy damages that are the responsibility of the strata.
From the start of an adjudicated dispute to a decision will be about 60 days and the costs will be comparable with those for small claims court.
The real benefit of the tribunal will be the online user service.
From the comfort of home or council meeting, the parties will be able to use the resources of the solution explorer to analyze their complaints, identify options for problem-solving, and even file complaints to start an adjudication process.
Disputes will generally be managed entirely online, so each party will be enti- tled to file information and claims, and the adjudicators will issue decisions.
An order for access to a strata lot will go from a costly, time-consuming process to a quick application with minimal cost.
With more strata units than any other type of housing being built in B.C. each year, this is an ideal option for problem-solving in strata corporations and greater harmony in communities.
For more information about the Civil Resolution Tribunal, go to civilresolutionbc.ca. Tony Gioventu is executive director of the Condominium Home Owners Association.