Duplex Deadlock
You could check you property tax assessment notice. Or your registered
land title for the legal description of the property.
If it says Strata Plan#,
fractional interest in common property, then it is s.4 of the Strata Property
Act (the "SPA") that is forcing you to join the other owner on a
strata council. It's the law, and there is nothing you can do to change it.
In a deadlocked duplex there are a few possibilites. First choice is invite the other owner for tea and negotiate some kind of mutual understanding. Second choice is bring matters before the CRT. Third choice is apply for a court ordered administrator. Fourth choice is sell.
The SPA and Standard Bylaws will determine the outcome of
the second and third choices, with the third choice usually being prohibitively
costly.
You can go online to BC Laws and scan the Table of Contents
of the SPA and the Schedule of Stanard Bylaws. You might want to add them to
your Favorites for quick answers to most questions in future.
In any case, it is important to understand that in strata
property the bylaws and the SPA and Strata Property Regulation
("SPR") govern, and when there is an objection to an individual's
choices, no owner can contravene the governing enactments.
If you file a response to the CRT notice, you are unlikely
to get compensation for your past contributions, however your financial records
can form the basis for strata fees, including a contingency reserve fund. I
would try to add 10% to the minimum amount required.
If after due diligence you want to hire a lawyer, expect to pay a lot, but don't expect a magical change in the law that governs strata property in BC.
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If you have proof that a sale collapsed due to unlawful conduct by the other owner, then compensation for that might be worth enough to retain a lawyer, depending on whether the market was rising, or falling.
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I don't know if you saw my earlier responses, but I think
the best advice here is to file a response, as several others have said.
As NAME1 said, "State that you had no way of forcing
the previous owner to cooperate and as a result you have carried the burden of
all the finances and the maintenance that has been done so far. In addition to
it being financially unfair it has been extremely stressful."
It sounds like you might be able to say the same thing about
the current owner too.
I think you should take note of the points NAME2 made also, particularly If you claim for a collapsed sale.