A local strata was the subject of a BC Civil Resolution Tribunal case due to allegations from a homeowner that suggested the organization was withholding documents and records.
The applicant, PC, who is a co-owner of a strata lot, claimed that the strata failed or refused to provide the records she requested.
She also claimed damages for being treated significantly unfairly, which she valued at $5,000.
In defence of the claims made against it, the strata said, “it responded the best it could” and that the reason it refused other documents was because it feared that it would “jeopardize negotiations involving a new water supply and the strata’s insurance coverage,” according to the tribunal decision.
Additionally, the strata was concerned about owner privacy.
The strata in question uses a system called StrataPress. It allows owners to submit electronic information requests. The tribunal notes that most of the communication between the two parties took place on this platform.
In reaching a judgment on the claims made by the homeowner, the tribunal reviewed relevant bylaw information.
“The strata must retain books of account for 6 years, written contracts for 6 years after the contract’s termination or expiry, and correspondence for 2 years,” the tribunal said.
Regarding requests, the bylaw states the strata is required “to make section 35 records and documents available for inspection or provide copies to an owner within 2 weeks of the request date, unless the request is for bylaws and rules, where the timeframe is 1 week.”
The Strata Protection Act doesn’t give the strata the ability to refuse a request for records and documents.
“That means that disclosure requirements under SPA sections 35 and 36 are generally mandatory, but there are exceptions,” the tribunal points out.
Exceptions include documents relating to an owner who is involved in a lawsuit.
When reviewing the documents that the owner did receive, the tribunal noted that in some cases, information was redacted. However, the rules state that the strata must provide unredacted documents.
“There is no legal reason for the strata not to provide unredacted copies, and the owner is not obligated to provide reasons for her request,” the tribunal said.
The tribunal went through all the documents that PC received and the documents she was denied. The only aspect of her claim that the tribunal dismissed was one document she requested that pertained to a lawsuit.
Turning to her claims that she was treated significantly unfairly, while the tribunal dismissed some of the claims she made, it did agree with one, relating to documents about road repairs and owners’ lists.
“I find the strata’s failure to provide the owner with the requested documents she was entitled to receive within two weeks of her request was likely frustrating to the owner, creating bad feelings and causing her to request two council hearings.”
The tribunal added that those council hearings wouldn’t have been necessary if the strata had provided the documents.
Although she claimed $5,000 for damages, the tribunal awarded her $1,500.
In its final decision, the BC Civil Resolution Tribunal ordered the strata to provide the homeowner with some of the documents she requested and unredacted versions of other documents she received. It also ordered the tribunal to pay $1,725, which included the damages and tribunal fees, within two weeks of the decision.