Fillable FORM Application Strata Owner Or Tenant June 2019

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FORM Application Strata Owner Or Tenant June 2019

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Page 1 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Dispute Application Form – Strata Owner or Tenant
Get a discount, save time, and have your application processed faster by applying
online: https://civilresolutionbc.ca/how-the-crt-works/getting-started
Instructions
1. Complete this form. Please print clearly.
2. Fields marked * are required. If your form is missing information, it will take longer to process.
3. Attach any additional pages you need.
4. Submit your completed form and fee payment to the CRT. (See the end of this form.)
Helpers and Representatives
• A helper may assist you throughout the process, including filling out forms.
• A helper cannot speak on your behalf. Only a representative approved by the CRT can do that.
• If you want to have a representative, you must ask the CRT for permission. Complete and attach a
Representative Request form. (Visit https://civilresolutionbc.ca
to download the form.)
Personal Information and Privacy: Your personal information is collected for the purpose of a Civil Resolution Tribunal dispute
resolution process, pursuant to the Civil Resolution Tribunal Act and the CRT’s Rules. You can view the CRT’s policy on access to
records and information in CRT disputes at https://civilresolutionbc.ca/resources/information-access-privacy-policy/.
If you have any questions regarding the collection of your personal information, please contact us.
Email: info@crtbc.ca Mail: ATTN Registrar and Executive Director
Civil Resolution Tribunal
PO Box 9239, Stn Prov Govt
Victoria BC V8W 9J1
Dispute Application Form – Strata Owner or Tenant
Page 2 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Application Overview
* Required fields
Section 1: Strata Corporation and Hearing - Which strata corporation is this dispute associated with?
• A dispute can only involve one strata corporation.
• Enter the Land Title Office registration number of the strata plan for the strata corporation.
• The format of the legal name of a strata corporation is "The Owners, Strata Plan [the registration
number of the strata plan]". For example, “KAS 9876” or “LMS 1234”.
• Many strata corporations have a common name such as "Garden Villa" or "The Rock" - these are not
part of the legal name.
Section 2: Applicant - Who is applying for dispute resolution?
• Use this form if you’re a strata owner or tenant. (If you’re applying on behalf of a strata or section,
Dispute Application Form – Strata Corporation or Section instead. Download it from our website.)
• If there’s more than one applicant, include a separate applicant page for each.
Section 3: Respondent - Who is the dispute against?
• Ensure you have the correct name for your strata corporation or section, and the names of the
respondents. If the names aren’t exact, you may not be able to enforce a CRT order.
• If there’s more than one respondent, include a separate respondent page for each.
Section 4: Dispute Details - What is your dispute about?
• Describe what you’re claiming and why.
• Describe the resolutions you want.
Section 5: Declarations and Signature
• Read and acknowledge the declarations by marking the checkboxes.
• Sign and date the form.
Section 6: Instructions for Fee Payment and Form Submission
• Read this section for details on the application fee and how to pay it.
• Send your completed application form and payment to the address specified.
Dispute Application Form – Strata Owner or Tenant
Page 3 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 1: Strata Corporation and Hearing
Strata Corporation Name
* Registration number of strata plan (for example, “KAS 9876” or “LMS 1234”)
* Where is the strata located? (City, town or municipality)
Strata council hearing
Section 189.1 of the Strata Property Act requires that strata owners and tenants must
request a hearing with their strata council before applying for CRT dispute resolution.
Otherwise, your application may not be accepted.
Strata Council Hearing
* Did you request a hearing with your strata council about the issues in this dispute?
Yes No
* If yes, what was the result? If no, why not?
Dispute Application Form – Strata Owner or Tenant
Page 4 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 2: Applicant
Personal Information
* What’s your role in the strata? (Must select one) Owner Tenant
* Legal First Name and Middle Name
* Legal Last Name
Preferred First Name
List other names you go by
How should the CRT refer to you?
(
We are asking so we address you respectfully during the process.)
She/Her He/Him They/Them Other:
* Address (Street or P.O. Box)
Unit
* Postal Code
* City
* Province/State
Country (if other than Canada)
* Daytime Phone
* Email Address
Other Information and Special Accommodations
* Are you under 19 years old?
Yes No
* Do you have a committee of estate, a representative appointed
in a representation agreement, or an attorney appointed in an
enduring power of attorney?
Yes No
Special accommodations and risks are not disclosed to other parties in your dispute. We only use this
information to determine what assistance we may be able to give you.
Do you have any of the following that may require special accommodation?
English speaking difficulty
Visual impairment
Mental health issues
Other
Dispute Application Form – Strata Owner or Tenant
Page 5 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 3: Respondents
A respondent is who your dispute is against. If there’s more than one respondent, include a separate
respondent page for each.
* If the respondent is a person
Respondent Information
* What’s this respondent’s role in the strata? (Must select one) Owner Tenant
* Legal First Name and Middle Name
* Legal Last Name
* Address (Street or P.O. Box)
Unit
* Postal Code
* City
* Province/State
Country (if other than Canada)
Daytime Phone
Email Address
* If the respondent is the strata corporation
Respondent Information
* Address (Street or P.O. Box)
Unit
* Postal Code
* City
* Province/State
Country (if other than Canada)
Dispute Application Form – Strata Owner or Tenant
Page 6 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
* If the respondent is a section of the strata corporation
Respondent Information
The legal name of a section is Section [1,2,3 etc] of The Owners, Strata Plan [the registration number of the
strata plan]. For example, “Section 5 of The Owners, Strata Plan KS 9876”.
* Section number of the strata, as identified in the strata’s bylaws:
* Address (Street or P.O. Box)
Unit
* Postal Code
* City
* Province/State
Country (if other than Canada)
* If the respondent is a business or organization
Respondent Information
* What’s this respondent’s role in the strata? (Must select one) Owner Tenant
* Legal Business or Organization Name
* Address (Street or P.O. Box)
Unit
* Postal Code
* City
* Province/State
Country (if other than Canada)
* Type of business:
Corporation Sole Proprietorship Partnership Society/Non-profit Other
Dispute Application Form – Strata Owner or Tenant
Page 7 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 4: Dispute Details
Claim 1 - Description
* Provide a 1-sentence summary of your claim:
* Describe your claim and what led to it: (Maximum 5,000 characters)
When did you become aware of the issues in this dispute? (Approximate dates are fine)
What have you done so far to try to resolve this dispute?
Other Resolution Processes
* Has a resolution process for any of these claims gone to a court, tribunal, or legally binding process?
For example, the Civil Resolution Tribunal, Provincial Court, Supreme Court, Human Rights Tribunal.
Yes No
If yes, where is the other process and how far along is it? (The Civil Resolution Tribunal can't accept
appeals from decisions made by other courts, tribunals, or legally binding processes.)
Dispute Application Form – Strata Owner or Tenant
Page 8 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Claim 1 - Resolutions
List all the resolutions you want. You must include at least one resolution asking the respondent to pay
money. Other resolutions are optional, including asking the respondent to do or stop doing something.
* Resolution 1 – Monetary
What is this amount for? (Maximum 200 characters)
* Amount claimed: $
* Is this amount agreed to in a contract?
Yes No
Resolution 2
What do you want the respondent to do?
(Maximum 200 characters)
Amount claimed (if any): $
Is this amount agreed to in a contract?
Yes No
Resolution 3
What do you want the respondent to do?
(Maximum 200 characters)
Amount claimed (if any): $
Is this amount agreed to in a contract?
Yes No
Resolution 4
What do you want the respondent to do?
(Maximum 200 characters)
Amount claimed (if any): $
Is this amount agreed to in a contract?
Yes No
Total amount claimed: $
Dispute Application Form – Strata Owner or Tenant
Page 9 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Fees, Expenses, and Interest
* Do you want the respondent to pay for dispute-related fees and expenses? Yes No
You can claim interest whether or not you and the respondent have agreed on an interest rate. If you
choose “No”, you can’t claim interest later.
* Do you want to claim interest on an amount owing? Yes No
If yes, select one of:
I want to claim interest, but don’t have an
agreement on an interest rate. (The rate will be
calculated using the interest rates set under the
Court Order Interest Act.)
When did the interest start applying to the amount
owing?
What is the amount of principal owing as of today?
$
I want to claim interest on an amount agreed to
in a contract or strata bylaw
What is the annual rate of interest agreed to in your
contract or strata bylaw?
What date did the interest start applying to the
amount owing?
What is the amount of principal owing as of today?
$
How much interest is owing as of today?
$
Other Information
* Are you under 19 years old?
Yes No
* Do you have a committee of estate, a representative appointed
in a representation agreement, or an attorney appointed in an
enduring power of attorney?
Yes No
Dispute Application Form – Strata Owner or Tenant
Page 10 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 5: Declarations and Signature
Information and Access Policy
The Civil Resolution Tribunal (CRT) collects a wide variety of information from parties in disputes brought
to the Tribunal. Most of this information is shared with the parties and their representatives during the dispute
resolution process. In some cases, members of the public may also be able to access CRT dispute records.
The CRT only asks for information that is needed to resolve a dispute. The CRT will collect the
following types of information, and share it with the parties:
Contact information for the parties and their representatives, including names, addresses,
telephone numbers, fax numbers, and email addresses;
Each party’s description of the dispute and position on its resolution;
Communications between the parties and the CRT;
Information and evidence provided by parties, which may include information about damages
and injuries, health and financial records, and other information of a personal nature;
Information about witnesses, including their contact information and evidence they might be called upon
to provide.
The CRT might also collect information from a party about special circumstances they might have. These
circumstances might include language or capacity issues, or the ability to pay CRT fees. This information will
not normally be shared with other parties, unless the circumstances require the CRT to do so.
Generally, discussions between the parties aimed at resolving a dispute through negotiation will be
confidential. This means the CRT will not disclose these negotiations unless the parties agree to the
disclosure or the law requires it.
If the parties settle a dispute by negotiation and agreement, the public will be able to request copies of any
CRT order documenting the settlement.
If a dispute is not resolved by agreement, it will move into the Tribunal Decision Process. The CRT will decide
the claims and make any necessary orders to give effect to the decision. Members of the public may access
the names of parties in a CRT Tribunal Decision Process, as well as a general description of the dispute and
its status. Members of the public may also request copies of submissions and evidence provided during the
Tribunal Decision Process.
The Civil Resolution Tribunal Act requires that final decisions and orders must be posted to the CRT’s website
and available to the public. Normally, a member of the public will have to submit a request to search for dispute
records that are not publicly available through the CRT or another public website.
If a party or witness is concerned that information in a final decision or order would be harmful to their
privacy or security, they may request that this information be redacted or anonymized.
All information that the CRT receives from parties and witnesses is stored in Canada.
The CRT’s complete policy on collecting and disclosing information gathered during the dispute resolution
process can be found online at https://civilresolutionbc.ca/resources/information-access-privacy-policy
.
Dispute Application Form – Strata Owner or Tenant
Page 11 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
If you have other questions about the CRT’s policy for accessing dispute records or storage of the records,
contact the CRT at:
Email: info@crtbc.ca
Phone (toll-free): 1-844-322-2292
Mail: ATTN: Registrar and Executive Director
PO Box 9239, STN PROV GOVT
Victoria, BC V8W 9J1
Declarations and Signature
* I confirm that:
I am the primary applicant and will be the contact for all other applicants (if any) named in this dispute.
The CRT only asks for information necessary to resolve a dispute. Information entered in this application
form will be shared with the other parties in the dispute, except where indicated in the form. I confirm that
all applicants are aware of the CRT's Information Access and Privacy Policy.
I am responsible for providing evidence to support my position on each claim in the dispute. I understand
that if the dispute goes to the Tribunal Decision Process, there will be deadlines for providing my evidence,
and failure to prepare that evidence in advance may not be a basis for the CRT to extend those deadlines.
I understand that, under section 92 of the Civil Resolution Tribunal Act, a person who provides false or
misleading evidence or other information in a tribunal proceeding commits an offence and is liable on
conviction to a fine of $10,000 or imprisonment for a term not longer than 6 months, or both.
* Signature of primary applicant:
* Date signed:
Dispute Application Form – Strata Owner or Tenant
Page 12 of 12
www.civilresolutionbc.ca | 1-844-322-2292 (toll-free)
Form version 2.1 (July 30, 2019)
Section 6: Instructions for Fee Payment and Application Submission
Application fees must be paid in full when you submit your application, or else your
application may not be accepted. If you can’t pay the fees, complete our Fee Waiver
Request form and submit it with your application. (Download this form from our website.)
Application fees for Strata disputes filed by email, fax, or mail:
CRT Application – Strata dispute of any amount $150
How to pay:
• By mail. Attach a cheque or money order to this form. Make your cheque or money order payable to
“Minister of Finance”. There is a $30 fee for dishonoured cheques.
• In person at any Service BC location. Service BC accepts payment by cash, cheque, credit card,
and debit. Service BC has offices throughout BC. Find your nearest location at
http://www.servicebc.ca
How to submit your completed application:
• By email or fax. Save your completed form and email it to RSC@crtbc.ca
or fax to 1-250-356-6552.
Pay in person at any Service BC location, or let us know that you’re mailing your payment.
• By mail or courier. Mail this completed form and your cheque or money order to:
ATTN: Intake
Civil Resolution Tribunal
PO Box 9239 STN Prov Govt
Victoria BC V8W 9J1
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