Dear Tony: Our strata corporation has an owner who has caused damage to a number of areas in our townhouse complex.
Over the past eight years, they have backed into their garage door, broken a front window, damaged the siding with their barbecue and driven over an apple tree.
Every time we approach them to discuss the issues it becomes a hostile confrontation. Our townhouse complex is only 38 units and we are self-managed, so council handles everything.
The owners in our complex are now fed up with having to tolerate the rogue owner’s behaviour and have petitioned for a special general meeting to direct council to start a court action against this owner. Our bylaws are silent about owners causing damage and repairs. We were hoping this person would just sell and we would collect the accumulated costs at that time.
It is not necessary for bylaws to make owners responsible for damages because the Strata Property Act gives the corporation the authority to do work on a strata lot or common property if it is reasonably necessary to remedy a contravention of the bylaws or rules. In addition to the bylaws your strata corporation has adopted, the Schedule of Standard Bylaws still apply.
Your strata corporation will be enforcing the bylaws under “use of property.” An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot that the strata…