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In This Volume

This Part deals with suits against and by the strata corporation, the court appointment of an administrator, arbitration, and claims before the civil resolution tribunal.

The strata corporation may be sued as a representative of the owners. A strata corporation may also be sued by an owner, or may join as a party the owner whose act or omission has given rise to a suit against the strata corporation. A judgment against the strata corporation is a judgment against all the owners, whose share of a judgment and the costs of defending a suit are calculated proportionately. Section 169 of the Act sets out the limits on an owner’s responsibility for such costs.

The strata corporation may sue an owner, sue as a representative of all owners, or sue on behalf of some owners on matters affecting their strata lots.

Disputes between a strata corporation and individual owners or tenants, or among owners or tenants, may be referred to arbitration. Section 177 of the Act sets out the kinds of disputes that can be arbitrated. However, a dispute cannot be referred to arbitration once a court proceeding has commenced.

Disputes between a strata corporation and individual owners or tenants may also be referred to the civil resolution tribunal. Section 121 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25 (the “CRT Act”) sets out the tribunal’s jurisdiction over strata property claims, while s. 122 sets out strata property claims beyond the tribunal’s jurisdiction that may be dealt with by the Supreme Court. Pursuant to s. 178.1 of the Act, a party may not refer a claim to arbitration if an initiating notice has been issued under s. 6 of the CRT Act. The CRT Act should be read in conjunction with the foregoing provisions as well as Division 5 in Part 10 of the Strata Property Act to determine whether a dispute should be referred to the court, an arbitrator, or the tribunal.