Yes, in British Columbia, a strata corporation can apply to the Supreme Court to force an owner to sell their strata lot. This can happen if the owner has failed to comply with the Strata Property Act or the bylaws.
How it works
- The strata corporation registers a Certificate of Lien against the strata lot.
- The strata corporation applies to the Supreme Court for an order to sell the lot.
- The court may order the sale if it considers it the only practical way to force the owner to comply with the bylaws or the Act.
- The court may also order the sale if the owner has failed to comply with a previous order.
When it's used
A court-ordered sale is usually an exception, and is only used when the circumstances warrant it. For example, the court may order a sale if the owner has violated an injunction or is in contempt of court.
Other remedies
The strata corporation can also apply to the Supreme Court to order an owner to perform a duty or stop contravening the Act or bylaws
A strata corporation in British Columbia can force an owner to sell their strata lot for a number of reasons, including:
- If an owner violates strata rules or bylaws, the strata corporation can apply to the Supreme Court for an order to sell the lot.
- If an owner violates a court order, the court can order the sale of the lot.
- If an owner's behavior negatively impacts the enjoyment of nearby properties, the strata corporation can apply to the court for an order to sell the lot.
- If an owner has a judgment against them, the strata corporation can apply to the court for an order to sell the lot to collect the money owed.
The strata corporation must prove beyond a reasonable doubt that the owner violated the bylaws or court order. The court will consider all circumstances before making an order to sell the lot.
The process of forcing the sale of a strata lot is complicated and requires legal representation.