The Province

Forms can help dispute claims

FINANCES: Stratas must disclose details on Form F Payment Certificat­e

Dear Tony: In order for us to sell our condo, our strata recently forced us to pay $1,500 in fines for an alteration that we did not make to the exterior of our condo; it was made by a previous owner and not disclosed to us by the strata when we purchased.

Unfortunat­ely, we did not know the amount was owing until the Form F Payment Certificat­e was requested a few days before our sale. This seems to be a serious problem with condo sales and leaves sellers vulnerable to the claims of stratas or managers.

Dear Carla: Whether listing a home for sale or confirming the debt status of a strata lot, an owner at any time can request a Form F, Payment Certificat­e.

The certificat­e is valid for 60 days from the date of issue and provides an excellent opportunit­y to review any financial claims a strata corporatio­n may have against a strata lot.

The certificat­e must be provided by the strata corporatio­n or strata manager contracted to provide the service within seven days of the request being received, and the strata may charge up to $15.

By requesting the form early, the owner has the ability to dispute the charges and avoid paying any rush fees for a form request of less than seven days.

Sellers have always had the ability to challenge charges claimed on a Form F, but the time and costs were often barriers. With the Civil Resolution Tribunal in effect, owners now have a convenient and simple access to be able to dispute a claim if they cannot resolve it with their strata.

A certificat­e must not include claims of damages including insurance deductible­s against an owner that have not been determined by a court, by arbitratio­n or by the civil resolution tribunal, but can include strata fees, special levies, allowed interest, fines or user fees or claims for work orders. Sellers need to know what they owe, the amount and nature of the claim.

If there is a dispute over the amount claimed, an owner can now pay the disputed amount to the strata corporatio­n in trust, and an initiating notice has been given under the Civil Resolution Tribunal Act.

If you are considerin­g selling, request a Form F early. Review the amounts claimed. The strata corporatio­n must disclose the details of any amounts claimed.

If you want to dispute the amount through the CRT, go to civilresol­utionbc.ca and start a tribunal proceeding. Use the solution explorer first to determine if you have any easier options to resolving the dispute over the claimed amounts. These could include a hearing with council or sample letters to help you dispute the claims.

If the matter cannot be resolved, start a CRT action. Pay the amount in trust to the strata corporatio­n if your sale is imminent and you require the Form F for the transactio­n or include the amounts on your CRT claim if you have time to resolve the dispute.

Tony Gioventu is executive director of the Condominiu­m Home Owners Associatio­n. Email tony@choa.bc.ca