February 6, 2018

BC Supreme Court upholds civil resolution tribunal decision that strata’s move-in fees were unreasonable and significantly unfair

In an appeal from a decision of the civil resolution tribunal, the British Columbia Supreme Court has upheld the tribunal’s conclusion that “certain $100 moving fees charged by the Strata Corporation pursuant to its Bylaws 36 and 4(8) were not reasonable and were significantly unfair.” The supreme-court decision contains comments on: the Read more…

February 2, 2018

Strata’s sprinkler system found to be part of its “plumbing delivery and distribution system,” allowing home warranty insurance claim to proceed

The Owners, Strata Plan 4249 v Travelers Insurance Company of Canada, 2018 BCSC 114, concerned interpretation of a home warranty insurance policy, provided under the Homeowner Protection Act, to a strata corporation. The words at issue in the case were found on the cover page of the home-warranty certificate. They Read more…

January 4, 2018

BC Supreme Court confirms winding up of strata over objections of minority group

In a wide-ranging decision on the Strata Property Act’s new provisions for winding up a strata, the BC Supreme Court has confirmed a decision to wind up that reached the new threshold of support by 80 percent of the owners. The Owners, Strata Plan VR2122 v Wake, 2017 BCSC 2386, Read more…

January 2, 2018

BC Supreme Court finds designation of parking stalls as limited common property to be a mistake, orders correction of strata plan

In Chow v The Owners, Strata Plan NW 3243, 2017 BCSC 2331 the Supreme Court of British Columbia considered the application of section 14.12 of the Strata Property Regulation (which allows for the correction of errors in a strata plan) to a dispute over parking stalls. The court found that the section’s Read more…

December 28, 2017

CRT Roundup—governance, bylaw enforcement, common property, parking, and access to records

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 11 new decisions since the last post. Governance—minutes—financial statements—bylaw enforcement—access to records—standard of conduct Link v The Owners, Strata Plan KAS 828, 2017 BCCRT 128, concerned “a variety of claims about the strata’s alleged Read more…