Owner Versus Strata Corporation

 

If an owner is involved in a lawsuit or arbitration against the strata corporation, the Strata Property Act limits that owner’s responsibility for costs and restricts the owner’s ability to attend meetings and obtain information from the corporation about the proceedings.

If an owner:

  • is sued by a strata corporation,
  • is joined in a suit against a strata corporation,
  • sues a strata corporation,
  • begins an arbitration proceeding against a strata corporation,
  • is a party to an arbitration begun by a strata corporation, or
  • is joined in an arbitration which is proceeding against a strata corporation,

the following limitations apply to that owner. The Strata Property Act provides that the owner: 1

  • is not liable to contribute to legal costs that a court or arbitrator requires the strata corporation to pay,
  • does not have the right to information or documentation relating to the suit, including legal opinions, and
  • does not have a right to attend those portions of any annual or special general meeting or council meeting at which the suit is dealt with or discussed.

For more detailed information about an owner’s access to a strata corporation’s legal opinions where the owner has a dispute with the corporation, see Chapter 13, Record Keeping.

The Strata Property Act also states that if a strata corporation pays an amount to an owner in full or partial satisfaction of the owner’s claim against the strata corporation, that owner is not liable to share in the cost of the payment with the other owners. 2


 

Notes:

  1. Strata Property Act, ss. 169 and 176.
  2. Strata Property Act, s. 169(2).