Part 52 published on 01/11/15
Despite improper conduct of strata corporation, owner could not refuse to pay common expenses
One of the units was owned by Patricia Louis. Ms. Louis died in 1999. On her death, she named Nancy Kirk executrix of her will and bequeathed the condominium to her sons, Roderick Louis and Timothy Louis. Roderick Louis took occupancy of the unit in 1999 and subsequently paid all costs associated with the property. In 2012, Mr. Louis stopped paying strata fees because he disputed the strata corporation’s right to collect strata fees for a number of reasons going back to a 2008 dispute. The strata corporation subsequently registered a lien against the unit and then brought this petition for judgement of the debt owing for strata fees and for an order for sale of the unit.
Mr. Louis opposed the petition and sought a declaration that the strata corporation had acted improperly and in violation of his rights under the Canadian Charter of Rights and Freedoms.
Mr. Louis also petitioned for a declaration that decisions and votes at past meetings of the strata corporation were invalid, due to improper actions of the strata corporation.
The Court held that the strata corporation had indeed acted improperly. In particular, the Court said:
I am satisfied that the Strata has acted improperly in refusing to recognize Ms. Kirk’s proxy in favour of Mr. Louis, in failing to give the statutory notice of meetings to Ms. Kirk and Mr. Louis, and in commencing the Strata Petition against the respondents without the required vote of the owners.
Nevertheless, the Court said that Mr. Louis was not entitled to withhold his strata fees. Furthermore, the Court refused to overturn past decisions or votes of the corporation. The Court said:
I accept the fact that it would be exceedingly prejudicial to set aside all votes and elections conducted by the Strata since 2011 because notices were not given and Ms. Kirk’s proxy was ignored.
In the end, the Court ordered that the strata corporation perform its duties and comply with the Strata Property Act and the corporation’s by-laws going forward.
The Court also ordered that the strata corporation’s petition (ie. seeking a sale of the unit) be stayed until there had been a three-quarter vote at a meeting in favour of continuing the petition. The Court said: “This will be a meeting at which Mr. Louis will be entitled to advance his views to the owners and attempt to persuade them not to continue the petition although he will not be entitled to vote due to the operation of s. 171 (3) nor is he obliged to contribute to the expense of the litigation as provided for in ss. (5).”