CO-OWNERSHIP – Financial management – Unitholders – Missions of
Application by Strata Plan LMS 2154 (the strata company) for an assessment of its reasonable legal fees and related disbursements against the Respondent 0752737 BC Ltd (075). 075 was a registered owner of one of the units in the stratum. On June 16, 2016, the manager of strata corporation wrote to 075 requesting payment of arrears of strata fees in the amount of $ 5,356. On September 8, 2016, the Strata Manager wrote to 075 again regarding unpaid arrears. On June 7, 2017, the strata corporation filed a lien on the title of unit 075, claiming that the amount owed was $ 7,467 as of June 2, 2017. As of September 27, 2017, the manager of strata retained the services Access Law Group to pursue the collection of arrears. On or about October 27, 2017, 075 paid all of the outstanding arrears plus $ 450 for legal fees for the strata company. However, by that time, additional unbilled legal fees had been incurred. The strata corporation took the position that 075 was obligated to pay them as well, which it refused to do. In September 2020, strata changed legal counsel to Hamilton & Company. Hamilton & Company’s mandate was to collect the balance of unpaid legal fees for work performed by the former legal counsel of the strata corporation. The claim for legal fees was now $ 11,946.
WAITING: Request partially accepted. Some of the times recorded were high and there were some instances of duplication. The total of the second right of access account has been estimated at $ 4,015. The total of Hamilton & Company accounts and expected fees and disbursements have been estimated at $ 2,839. Therefore, reasonable legal fees and related disbursements of the strata corporation were awarded against 075 in the amount of $ 6,855.
Strata Plan LMS 2154 c. 0752737 BC Ltd.,  BCJ No. 1507, British Columbia Supreme Court, Master JW Bilawich, July 9, 2021. Digest No. TLD-August162021003