CONDOMINIUMS - Condominium corporation - Right to sell unit for unpaid maintenance fees - Lien rights of condominium corporation

Law360 Canada ( November 10, 2026, 9:42 AM EST) -- Appeal by appellant from order declaring him in default of strata fee obligations, granting judgment for arrears and providing respondent with exclusive conduct of sale of his strata lot if the judgment remained unpaid. The appellant owned a lot in The Owners, Strata Plan BCS4008 (Strata). He provided the property manager with a Shanghai mailing address. He later used his strata lot address in correspondence about a key fob but did not advise that his mailing address had changed. The property manager mailed statements, fee schedules and notices to the Shanghai address and posted fee information online. The Strata registered a lien and petitioned to enforce it under the Strata Property Act (Act). The appellant disputed the arrears, relying on his accounting and asserting that the Strata’s figures were false, its supplementary affidavit was unreliable, the notices contravened ss. 106 and 112 of the Act, the lien exceeded s. 116 of the Act, and the Strata had accepted his payment plan. He alleged procedural unfairness concerning the affidavit, his application to strike the petition, unanswered emails, interpretation and accommodations for his hearing impairment and self-represented status. The chambers judge found the Strata’s accounting accurate, the appellant’s payments accounted for, the notices sent to the last address provided, and no accepted payment plan. The Strata submitted that the appeal should be dismissed and its reasonable legal costs were recoverable under s. 118 of the Act, alternatively seeking special costs....
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