Collecting Legal Fees for Bylaw Enforcement
In the first case of its kind, the BC Supreme Court assessed the amount legal fees payable to the Strata Corporation from the owner that breached the Strata's bylaws: The Owners, Strata Plan K 27 v. Caron, 2019 BCSC 1046.
In this case, the Strata sued the owner to enforce its bylaws and to evict the owner. The Strata was successful, the court found that the owner breached the bylaws, ordered the owner to stop breaching the bylaws.
The court also ordered the owner to pay the Strata's "reasonable legal costs".
The term "reasonable legal fees" was interpreted in the case of The Owners, Strata Plan KAS 2428 v Baettig, 2017 BCCA 377, which was discussed in my blog post: Can a strata collect full legal fees when collecting on a strata lien?
As the strata was entitled to "add to the amount owing under any lien its actual legal costs subject to one qualification: those costs must have been reasonably necessary." Therefore, the issue before the Court in C…
In this case, the Strata sued the owner to enforce its bylaws and to evict the owner. The Strata was successful, the court found that the owner breached the bylaws, ordered the owner to stop breaching the bylaws.
The court also ordered the owner to pay the Strata's "reasonable legal costs".
The term "reasonable legal fees" was interpreted in the case of The Owners, Strata Plan KAS 2428 v Baettig, 2017 BCCA 377, which was discussed in my blog post: Can a strata collect full legal fees when collecting on a strata lien?
As the strata was entitled to "add to the amount owing under any lien its actual legal costs subject to one qualification: those costs must have been reasonably necessary." Therefore, the issue before the Court in C…
