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Legal Fees Must Be Reasonable

A strata corporation typically incurs legal fees when collecting strata fee or special levy arrears from owners through the strata lien process. As discussed in my previous post Can a strata collect full legal fees when collecting on a strata lien?, those legal fees can be collected 100% from the owner who was in arrears.

However, the legal fees claimed must be reasonable. If they are not reasonable, the strata will have to pay for those legal fees 100% and will not receive reimbursement from the owner in arrears.

In the case of The Owners, Strata Plan NW 2089 v Ruby, 2019 BCSC 143, the strata had registered a lien against the owner's strata lot in the amount of $4,532.33. The strata's claimed legal fees were in excess of $17,000.

The owner frequently traveled for work and had been away for 8 consecutive months when the strata approved the special levy and didn't receive his mailed notice. Due to the nature of his work, the owner had requested the strata send all notices …

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