We get asked this question frequently by the strata corporations that we manage.
How long can we wait to take action against owners in the building with outstanding debt?
This could be debt from fines, strata fees, or unpaid special levies.
The answer to this question is unfortunately not exactly black and white.
As of June 2013, the BC Limitation act changed from 6 to 2 years. This essentially means that if you want to use the less expensive and relatively quick and painless method of taking the matter before a Civil Resolution Tribunal (CRT) to settle the debt, then you don’t want to wait any longer than 2 years.
Having said that, the Strata Corporation can still take the matter to court after the 2 year period, but keep in mind that this process is much costlier, and can drag out for a much longer period of time. This could include Small Claims (Provincial) Court, or The Supreme Court.
To sum it all up, don’t wait any longer than 2 years to settle outstanding debt from a Strata Owner. Use the cheap and easy CRT method when you can, and avoid costly lawyer and court fees.
Looking for some Strata Management advice? Please reach out to our property management company and find out how we can help!