B.C.'s Civil Resolution Tribunal has ordered a management company to pay a Langley strata for failure to comply with its contract or provide adequate services.
The strata said Quay Pacific Property Management Ltd. owed it $4,837 in damages for the failure to pay bills, late payment fees and copying and postage charges, tribunal member Alison Wake said in her April 25 decision.
Quay Pacific denied the claims and said it owed nothing.
The strata says Quay Pacific paid its August 2020, December 2021, and March 2021 water and sewer bills late.
"The City of Langley undisputedly charges a discounted rate on these bills if they are paid on or before the due date. The strata says that it lost discounts totalling $1,491.88 from the City of Langley due to Quay Pacific’s late payments," Wake said.
The strata also said it incurred late fees due to Quay Pacific’s late payments of its FortisBC and BC Hydro bills.
The strata further asked Quay Pacific pay it $2,000 for alleged breaches of the Strata Property Act (SPA), provide documents and prepare financial statements, reimburse invoices that it says Quay Pacific paid without approval, and pay interest for failing to close Quay Pacific’s trust accounts.
Wake found one city bill was postmarked late and order Quay Pacific to pay $720 for breach of the management agreement.
She found Quay Pacific had paid another city bill at the bank and dismissed that claim.
The tribunal found another bill had not been paid accurately and ordered Quay Pacific to pay $5.67.
Wake also found Quay Pacific had not paid a BC Hydro bill on time but also dismissed the claim about a Fortis bill.
Wake said Quay Pacific issued an invoice to the strata in March 2022 for $1,495 for $978.08 for copies and $413.21 for postage.
"The strata says the copying and printing charges were incurred to send out the strata’s annual general meeting (AGM) notice," Wake said. "The strata argues that Quay Pacific is responsible for these charges, because it sent out the first AGM notice late, and agreed that it would pay for the cost of the second notice."
Wake found Quay Pacific owed the strata $1,231 on that claim.
The strata had also claimed $1,779 for Quay Pacific allegedly failing to provide services under the management agreement, and claims a refund of one month of management fees. Wake found that claim had not been proven.
"I find the strata is entitled to $806.61 in damages for Quay Pacific’s late payments of its bills, and $1,231.15 in debt as a refund of copying and postage expenses," Wake concluded.
She also ordered payment of $154 interest.
