Abbotsford & Mission Real Estate Insider

Your Home May Not Be Your Castle

Stress Mother Watching Kids Make A MessThis article below involves a case that was of interest to the REALTORS® in our Homelife Office in Abbotsford | Mission. It should also be of interest to our clients owning and living in strata properties who see property values being diminished by the conduct of abusive neighbours.

 

It illustrates that there are limits to the concept of “a person’s home is their castle” when that home is part of the collective living arrangements found in a strata property development. However, as indicated by these facts, an order of sale is the last, not first, resort of a strata corporation when dealing with problem owners, or in this case the owners badly behaved son.

 

  • The issue arose from the abusive and annoying behaviour of, primarily, the strata owner’s son, who lived in the unit with his mother, toward a number of neighbouring owners. Numerous meetings, warnings and fines did not change the behaviour.
  • What remedies are available when someone disturbs the quiet enjoyment of others living in close proximity and, through their behavior, effectively decreases the value of the neighbouring units?
  • How does one reconcile the right of quiet enjoyment in collective living arrangements with the principle of property ownership?
  • Finally, the strata corporation sought relief from the courts
  • In January 2012, the BC Supreme Court issued an order requiring the offending strata owner to list the unit for sale.
  • Not surprisingly that order was appealed and in November 2013 the BC Court of Appeal upheld that decision requiring the unit to be sold.
  • There are limits to the concept of “a person’s home is their castle” when that home is part of the collective living arrangements found in a strata property development.

 

– See more at: http://www.bcrea.bc.ca/news-and-publications/publications/legally-speaking/legally-speaking—February-2014-(468)#sthash.V6NR32kS.dpuf

http://www.bcrea.bc.ca/news-and-publications/publications/legally-speaking/legally-speaking—February-2014-(468)

 

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