Options available to deal with lousy neighbours: lawyer 0
A Vancouver lawyer is recommending strata councils gather evidence early in dealing with nuisance tenants to avoid drawn-out disputes, such as in a recent case where a judge ordered a woman to vacate her home for being too loud.
Commercial litigator Peter Roberts said Thursday strata corporations should be gathering photographs, videos and witnesses to deal with disruptive behaviour by tenants — with the intention of providing the information as evidence to court — as soon as possible.
“You would get written statements from the people who had run-ins with the tenant. If there are photographs or video of the tenants conduct, those should be preserved,” Roberts said. “The more you have the better.”
In a recent case, Surrey resident Rose Jordison and her son were ordered to leave and sell the Guildford Drive condominium she owns by the B.C. Supreme Court after numerous incidents of excessive noise.
Jordison appealed the decision and a final judgment is yet to be released.
Roberts said the case might not have required four years of disputes — which included $20,000 in fines imposed by the strata council — had the building’s management sought the court’s help from the start.
“They can issue … court orders telling people what they can and can’t do,” he said. “It could be crafted to whatever the facts are in the case … (and) if you disobey an injunction you can be held in contempt of court.”