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Strata Law Services

Finding Solutions

The Role of the Strata Property Act

The Strata Property Act (the “SPA”) governs strata corporations in British Columbia.  Strata law is, in part, the implementation of this Act, interconnected legislation, regulations and case law. The SPA provides a framework through which stakeholders are governed. There is an overarching duty for strata councils to act in the best interests of owners and the strata corporation. However, they won’t always be expected to get it right or be familiar with the nuances and application of the law in each circumstance.

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Strata Living

When things are running smoothly, strata ownership can be a positive experience for everyone involved. However, strata conflicts can be particularly challenging because they involve your home, your neighbours and sets of rules and bylaws that the volunteer council is charged with enforcing.  Early intervention and advice can often address problems before they are blown out of proportion.

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Conflict Resolution

An Advocate for Finding Solutions

At Stratum Law Corporation, we emphasizes reasonableness and proportionality when it comes to resolving conflicts between owners and strata councils wherever possible. However, sometimes there may not be a middle ground, and a particular course of action or result is required under the legislation. We advocate for our clients but will also be candid if the proposed argument may not have a good chance of success. We also highlight potential concerns which permits you to make an informed decision on your matter and how to proceed.

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Providing Information and Strengthening Relationships

Successful Strata Corporations often have a host of people assisting with their proper functioning including a dedicated council of volunteers, a property management company and legal counsel to provide legal advice and opinions as needed.

Legal assistance can put problems into context for owners of councils and provide options.  An unintentional misunderstanding or error can sometimes be mitigated, and often relationships can be repaired before conflict renders them unsalvageable.

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Help for Strata Councils

We provide advice to strata councils. This may include legal opinions, bylaw reviews and drafting resolutions, help with collections or bylaw enforcement, governance, repair and maintenance of common property or the host other issues arising in the course of the council’s work.

Common Scenarios

Here are some common themes in Strata Law conflicts:

Disagreement over Fines

“My strata council is fining me and I don’t agree with their assessment.”

Question about Deductibles

 “The strata council is charging me a deductible. Am I responsible for paying it?”

Inquiry about Capital Expenses

“Our building’s common property needs significant repairs and our Contingency Reserve Fund is not sufficient to cover the cost of this work. What are our options and how do we involve the owners?”

Challenges with Strata Fee Payment

“Some owners are not paying their strata fees. Can you help us with a solution?”

If you are dealing with one of these conflicts, or need our help with another strata law challenge, we’re ready to help. Contact us today.