BC Supreme Court issues ruling in strata-property smoking dispute

In a judgment released on Christmas Eve, the Supreme Court of British Columbia has once again ruled in a strata-property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasing being called upon to manage these kinds of disputes. The case involved “an 80-unit strata complex for residents aged 55 and older” located in Salmon Arm. The Read more…

New South Wales: “New era for strata will start in 2016”

British Columbia isn’t the only jurisdiction examining reform of its strata-property legislation. Another interesting reform project is going on in the Australian state of New South Wales. New South Wales has had strata-property legislation since the early 1960s. Its legislation has a special relationship to British Columbia’s, since the first-generation New South Wales act was the inspiration for British Columbia’s 1966 Strata Titles Act. Late last year, the New South Wales government announced that it plans to Read more…

Special costs awarded against couple who represented themselves in strata-property arbitration

A recent decision of the British Columbia Supreme Court shows, once again, the danger of becoming so entrenched in a strata-property dispute that informal, neighborly resolution becomes impossible and adversarial dispute-resolution becomes the preferred option. The case also illustrates the application of the principles that the Supreme Court of Canada articulated in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53 to an application for leave to appeal an arbitrator’s decision under section 188 of the Read more…

A year-end update of the Strata Property Law Project

The Strata Property Law Project—Phase Two has seen significant progress in 2015. The high points of the year were the publication of the committee’s first report, the Report on Terminating a Strata (PDF), and the implementation of that report’s recommendations in Bill 40. The year has also seen extensive engagement with sections, types, and phases, as the committee gears up for its second public consultation, which will focus on complex stratas. Report on Terminating a Read more…

BC Supreme Court decides owner-developer should not be penalized for failing to hold strata corporation’s first AGM

Some of the most difficult legal issues that can affect a strata property arise early in the life of a strata. When a strata property is created, its owner-developer holds title to all the strata lots. Over time, these strata lots are sold off to new strata-lot owners. But until certain thresholds are crossed the owner-developer retains the power to make critical decisions that can influence the governance and development of a strata property far Read more…