Photo: KTW
The Tobiano Resort Association has filed lawsuits in B.C. Supreme Court against six homeowners over unpaid strata fees totalling a little more than $2,500.
Additionally, the plaintiff is seeking an order that would enable it to sell the residences out from under the defendants if the debts are not paid.
According to notices of civil claim filed on June 28, Tobiano homeowners Lori Kaye Emslie, Anthony Carroll, Todd Byron Clack, Matthew Andrew Cree, Fiona Mackay and William Paul Freitag have refused or neglected to pay fees, violating a covenant on their homes.
The lawsuit states the agreement requires owners pay a proportionate share of any special levies plus goods and services tax and other taxes and charges to the resort association, which uses those funds for maintenance, repair and replacement of amenities, common roadways, utility works, shared use areas and services.
The Tobiano Resort Association is seeking payment of the outstanding fees with interest, general damages for breach of contract, a declaration the owners are in default of the agreement and may be barred from using shared amenities and an order to allow their properties to be sold to cover the debts, interest and costs.
The lawsuit says Emslie and Carroll owe the Tobiano Resort Association $788.81, Mackay and Freitag owe $394.16, Clack owes $589.74 and Cree owes $790.83.
None of the allegations have been proven in court.
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