Strata Alert: Burnaby Couple Ordered to Stop Abusing Strata Neighbours
Paul G. Mendes, Partner
Phone: 604-685-4894
Email: pgm@lmlaw.ca
The Owners, Strata Plan NW 1245 v. Linden, 2016 BCSC 619
In another widely reported precedent-setting case for Lesperance Mendes, the Supreme Court of British Columbia has issued an injunction and ordered two condo owners (L & T) to pay fines for waging a campaign of abuse and harassment against their condo neighbors.
The strata corporation had received numerous complaints about L & T over the years. The strata corporation fined L & T for their behavior, but L & T were undeterred. The evidence before the court detailed events going back to 2003, in which numerous owners complained of frequent loud noise and screaming coming from L & T’s apartment. There was also extensive evidence that some complainants were subjected to repeated racist and sexist verbal abuse by L & T. Other evidence showed that some of the complainants’ unit doors had been vandalized and smeared with what appeared to be dog feces.
Upon hearing the evidence, the court issued a wide-ranging injunction prohibiting L & T from engaging in the abusive behavior and ordering them to pay fines to the strata corporation.
This case highlights once again the options available to strata corporations when dealing with abusive owners. Abusive behavior, be it towards other strata owners, strata managers, or contractors, is a clear contravention of a strata corporation’s bylaws and should not be tolerated. The key to this case was the careful documentation of the evidence by the strata manager and the strata council’s strict adherence to the bylaw enforcement procedures under the Strata Property Act.
WHAT WE DO: Lesperance Mendes advises strata corporations, strata managers and unit owners on bylaw enforcement matters. Our lawyers have obtained injunctions against abusive owners in the past and have also obtained significant awards of damages against abusive owners for fines. To find out more about our bylaw enforcement practice, contact Paul G Mendes at 604-685-4894 or by email at pgm@lmlaw.ca.
Lesperance Mendes Lawyers
900 Howe St #550, Vancouver, BC V6Z 2M4
(604) 685-3567