Part 38 published on 01/05/12
Court orders owner to sell strata unit
The strata corporation sought an order forcing the owner to sell her strata unit because of “excessive noise, abusive language, uttering threats, and harassment” by the owner and her son (who was approximately 20 years old). The Court granted the requested order. The Court said:
I specifically conclude from the evidence that the Jordisons’ conduct including their obscene language and gestures, their interference with the activities of others, their spitting at other residents, the unacceptable loud and unnecessary noise they in their unit created have unreasonably interfered with the rights of others who are entitled to enjoy in peace the common property, the common assets and their own strata lots.
…
I am satisfied that Section 173 of the (Strata Property Act) provides this Court with the authority to order Ms. Jordison to sell her strata unit.
The Court noted that there did not appear to be any sign that the Jordisons were willing to change their behavior “in spite of the Strata’s letters and the more than $20,000 in fines imposed by the Strata upon Ms. Jordison” over a period of 4 years.
The Court noted that alternative remedies – including the imposition of fines or the possibility of injunctive relief – did not appear to provide an answer to the particular circumstances. In dealing with the fines, the Court also noted that the imposition of the fines had reached a level which went beyond enforcement and was more in the nature of a punishment. However, the Court did not make any order with respect to the fines (and presumably was not asked to do so).