Part 45 published on 01/02/14
Court finds residents in breach, but declines to order sale of unit. Instead, Court issues compliance order
The respondents were the owner and co-occupant of a strata unit. The Court found that the respondents were in breach of the Strata Property Act, the strata corporation’s by-laws and previous Court orders. The key breaches were as follows:
a) Altering common property without permission or authority;
b) Interfering with the strata corporation’s efforts to maintain or repair the common property;
c) Refusing to allow the strata corporation to access their unit in order to inspect, maintain or repair the common property.
The strata corporation sought an order for sale of the unit on the grounds that the “respondents were unwilling or unable to comply”. The respondents in turn alleged that the strata corporation had acted in bad faith. The Court held that the strata corporation had not acted in bad faith.
The Court also held as follows:
I am not prepared to make an order for forced sale of the Townhouse at the present time. The court should first have the opportunity to punish the (respondents) for contempt. If the (respondents) persist in breaching any court order, following such punishment, it may be appropriate for the court to order the forced sale of the Townhouse.
The Court therefore granted various orders against the respondents, restraining them from the breaches noted above.