Can an individual owner sue the strata corporation?

British Columbia, Canada


The following excerpt is from Wong v. AA Property Management Ltd., 2013 BCSC 1551 (CanLII):

To summarize the standing or capacity of an individual owner to sue the strata corporation of which that owner is a member is limited by the Act to two possibilities. Firstly an owner may sue the strata corporation under section 164 of the Act in cases where the actions of the strata corporation have been “significantly unfair” to the plaintiff as opposed to other owners 171. Secondly, there is a limited exception to the traditional rule that only a strata corporation may sue regarding matters affecting the strata corporation and that exception, following the decision in Hamilton v. Ball, is to allow an owner to sue for only their proportionate share of common property where a third party causes injury to that property.

Other Questions


Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
If the owners of a duplex jointly agree to work as a functional strata for the rest of the year, can the owners then seek a court order appointing an administrator to run the strata? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
Can a strata corporation impose a fine on a non-strata corporation? (British Columbia, Canada)
Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Can a strata corporation be liable to an owner for damage caused to the strata lot? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.