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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  23 years in practice
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is it possible for an owner to sue a strata council because

Resolved Question:

is it possible for an owner to sue a strata council because of mismanagement?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Tom B. replied 3 years ago.

Tom Bulmer :

Hi curious.

Tom Bulmer :

It is ugly because it is a complex combination of contract law (what people sign) and statute law (what the government provides) and democracy (what the owners want to have happen).

Tom Bulmer :

The short answer is yes. The whole concept is to hold strata councils accountable. In practice however I find Owners do not care until there is a crisis that directly effects them and supporting other owners is seldom. Councils are generally deaf and Managers take over and rule.

Tom Bulmer :

So, yes it is possible to sue or otherwise hold a strata responsible for mismanagement. The concept is that they MUST be accountable. But, most people give up. My father spent the last few good years of his life fighting over mismanagement.

Tom Bulmer :

Best is to never buy a condo! That is my serious advice to my clients.

Tom Bulmer :

I hope you are just curious and accept my answer.

Tom Bulmer :

Tom

Customer: This would even be in the case if it's a self managed strata
Customer: ?
Tom Bulmer :

It always means that you are suing yourself in some fashion.

Tom Bulmer :

The more owners the less risk.

Customer: thx sir!
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2137
Experience: 23 years in practice
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