February 3, 2016
Strata corporation’s handling of smoking complaint found not to be significantly unfair
The BC Supreme Court has issued its third judgment in one month on a strata-property smoking dispute. After considering a blanket no-smoking bylaw and an order that a strata-lot owner cease and desist from smoking in his unit, in Chorney v The Owners, Strata Plan VIS770, 2016 BCSC 148, the court Read more…
January 29, 2016
Major changes coming to Ontario condominium law
2015 was something of a high-water mark for reforms to strata-property law. Both British Columbia and New South Wales passed major amendments to their governing legislation. Ontario, too, passed a landmark amending act late last year. On 3 December 2015, the Protecting Condominium Owners Act, 2015 received royal assent. The act had its Read more…
January 26, 2016
Strata corporation obtains order that owner cease and desist from smoking in strata lot
The British Columbia Supreme Court has had occasion to rule on another case involving smoking in a strata lot. In The Owners, Strata Plan NW 1815 v Aradi, 2016 BCSC 105 the court granted a strata corporation an order under section 173 of the Strata Property Act that an owner refrain from Read more…
January 25, 2016
BC Supreme Court upholds enhanced charges for defined support services in strata property catering to seniors
In its recently released decision in The Owners, Strata Plan VIS4686 v Craig, 2016 BCSC 90, the BC Supreme Court examines the intersection of strata-property rules on common expenses and for-profit supportive housing for older adults. The court granted the petitioner strata corporation a declaration under section 171 (1) (a) of Read more…
January 20, 2016
Strata corporation’s liens discharged for lack of proper notice
In a case decided late last year, the BC Supreme Court considered the interplay of two provisions in the Strata Property Act: section 116, which authorizes a strata corporation to register a lien against a strata lot if its owner has failed to make certain listed payments to a strata Read more…