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.
Subscribe to our newsletters
Stay current on business and legal news, topics and trends
Related Content

Veronica Franco to present at PAMA seminar
Veronica Franco, a partner with the firm’s Strata Property Group, will be presenting at a Professional Association of Managing Agents (PAMA) Continuing Education seminar on ... Continued

To Incorporate Or Not To Incorporate, That Is The Question
When starting a new venture, an often cited question of many entrepreneurs is whether to incorporate their venture, or to operate their venture as either ... Continued

Limitation Periods Suspended During COVID-19
We wrote earlier regarding the Notice issued by the Supreme Court of British Columbia to the Profession to adjourn all civil and family matters scheduled ... Continued