A Hallowe’en treat for strata corporations. On October 31, 2017, the BC Court of Appeal rendered a very significant decision. The Court ruled that a strata corporation was not limited to “tariff” costs for filing a lien and successfully applying to court to have a strata lot sold to pay arrears of strata fees or special levies. Until now, it was economically challenging because the actual legal costs of bringing an order for sale was often more than double the actual legal fees spent. The 2 year deadline in the Limitation Act made it even more challenging. While the 2 year deadline still applies, now a strata corporation can recover their actual reasonable legal fees spent as part of the court process, making it much more affordable. Go to this link to read what the BC Law Institute has to say about the decision.
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