The Civil Resolution Tribunal’s Enforcement Power….and Flags!

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Lesperance Mendes, whom we regularly link to on our blog, have 2 articles this month we think are worth referring.

The first is an article about the Civil Resolution Tribunal and it’s enforcement powers.  It refers to a widely discussed case of a short-term rental operation in North Vancouver, where the Owner challenged (unsuccessfully) the Strata Corporation’s authority to restrict the use of her Strata Lot.  The Supreme Court, for reasons discussed in the article, had little sympathy to the Owner and ultimately found that the CRT’s order was valid and enforceable.

The second relates to a common subject this time of year, the erection of flags on Common Property.  It confirms longstanding advice we’ve given to our clients, which is that a Strata Corporation does have wide ranging powers to decide, via bylaw, what can and cannot be placed on Common Property areas such as decks/balconies/patios, as well as within Strata Lots if visible from the exterior of the building.  The latter can be achieved only through a Bylaw, as it relates to the use of a Strata Lot, but the former can be accomplished by way of a simple Rule adopted by Council.

We thank our friends at Lesperance Mendes for their continued work to educate the public on legal matters pertaining to Strata Corporations!