Can a strata corporation commence an action to recover an unpaid assessment if the owner of the unit is assessed first and only if the assessment is unpaid?

British Columbia, Canada


The following excerpt is from Cheung v. The Owners, Strata Plan VR1902, 2004 BCSC 1750 (CanLII):

A similar clause was considered in Blackmore v. Strata Plan VR 274, 2004 BCSC 1121. Goepel J. held that the bylaw contemplated that the owner will be assessed first and only if the assessment is unpaid can the strata corporation commence an action to recover an amount if owing. The respondent argues that Blackmore deals with an arbitrator's jurisdiction to order costs and is, therefore, not applicable to this matter. However, I do not agree the case has the limited application argued by the respondent. Goepel J. was dealing with what the appropriate costs award was and considered the application of the bylaw in determining the appropriate award.

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