Strata Nightmares: Bullies Beware!

Photo by Wolfgang Zenz

strata nightmares strata bullies

Most people who live in a strata situation have stories about the nightmare owners or tenants who have made their lives miserable to the point that they either sold and moved out or moved out and rented.

In the majority of these cases, the strata council has done nothing, feeling powerless to resolve the situation even where the conduct of these owners or tenants violated the strata by-laws. Now, however, we have a court decision that should give strata councils some comfort that they do have power and options in such cases and that also serves as a warning to the unruly.

In March 2013, a BC Supreme Court judge ordered the sale of a condo as a result of the owner’s continuing breaches of court order prohibiting the owner and her son from making loud noises, obscene gestures or uttering any abusive or obscene comments against any of the other owners in the strata.  >> Read More

The strata corporation had spent several years trying to moderate the harassment and had imposed fines against the owner of about $20,000 for breaching the strata’s bylaws and rules over a four year period.

The objectionable behaviour included interference with other people’s activities, spitting at other residents, using obscene language and gestures and creating unacceptable loud and unnecessary noise in their own unit. The judge found that these actions went beyond nuisance and amounted to assault on other residents.

All owners have a right to use and enjoy the strata’s common property and common assets and their own strata lots without unreasonable interference. The actions of this owner and her son were clearly unreasonable.

This might be seen as an extreme case and an extreme result but should this not be the normal consequence for those who are incapable of living in a communal environment with respect for other residents and their rights?

When you buy a condo in a strata corporation, you buy knowing that your rights and obligations are shared – no one should feel that they can do whatever they want in their own unit or on common property without regard for anyone else. No one should feel they can get away with bullying or harassing others who object to their unacceptable conduct in a strata settling. If an owner does not recognize the essence of communal living, that owner should go elsewhere.

In this case, the strata corporation did the right thing by starting the court action.

But what about a situation where an owner’s conduct might only directly affect one or two other residents?

Shouldn’t the strata corporation take action in that case as well or should it be up to the one or two other residents to move or sell because someone else is making their life miserable?

What are your thoughts? Do you have horror stories of your own to share?

Legal Disclaimer: The general information provided in this blog does not constitute legal advice to you and is provided strictly for informational purposes only on an “as is” basis. Legal advice pertaining to your particular situation can only be provided to you if we have met with you personally to obtain all pertinent background information necessary to give you a formal legal opinion. If you wish to have formal legal advice about your matter, please make an appointment with us for a consultation. No lawyer-client relationship is created by your use of our blog or our website.

Although Railtown Law intends the contents of its blog and website to be accurate, complete and current, and does it best to ensure that it is, Railtown Law does not promise or guarantee that it is. Railtown Law is not responsible and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display, use or any links provided. Railtown Law welcomes feedback from its readers noting any errors or omissions in the information provided in its blog or on its website.


Share on facebook
Share on linkedin
Share on twitter


At Railtown Law we can help you with your legal matters in a variety of areas and also help you to take a pro-active approach to various legal issues you may face.

Railtown has been acquired by YLaw

You will now be entering Railtown’s website, a division of YLaw