Are you hoping to sell your condo but not sure how to proceed because your strata insists that you owe them money? In order to sell your strata unit when the strata alleges that you owe money, you must dispute the strata’s claim and come to a resolution before you can easily sell the unit. There are a few paths you can try in order to solve your dispute regarding the alleged money owed.
Informally Solve the Dispute
You can speak to a member of the strata council informally to explain your side of the issue and why you do not believe that you owe the strata money. If the problem is a simple misunderstanding, often the dispute can be resolved informally. This is the quickest, simplest way to reach a resolution, but unfortunately it does not always work.
Request a Strata Council Hearing
If you are unable to resolve the dispute informally, you can request a hearing at a strata council meeting in order to formally make your case. According to the Strata Property Act, the owner or tenant must request a hearing and state the reason why in writing, after which the council must hold the hearing within four weeks of receiving the request. At the hearing, you will be given the opportunity to verbally explain your case to the entire strata council and explain why you believe that you do not owe the money alleged by the strata.
Take Your Case to the Civil Resolution Tribunal
If, after a council hearing, the strata still alleges that you owe money and you still disagree with this, it is time to take your dispute to the Civil Resolution Tribunal. The Civil Resolution Tribunal encourages a collaborative approach focused on problem solving as opposed to the conventional courtroom model. When taking a case to the Civil Resolution Tribunal, it is important to hire a reputable legal professional in order to get the best outcome possible.
Once the Civil Resolution Tribunal has made a final decision and your dispute with the strata is resolved, you will be able to commence selling your strata unit with no obstacles in your way.
Hire a Strata Lawyer
The lawyers at Hoogbruin & Company have years of experience dealing with disputes between stratas and condo owners. If you are having trouble selling your condo unit because your strata unfairly alleges that you owe them money, get in touch with our firm today for professional advice on your best path forward.