November 30, 2017

CRT Roundup—repair and maintenance, bylaw enforcement, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 13 new decisions since the last post. Repair and maintenance—solarium In Allard v The Owners, Strata Plan VIS 962, 2017 BCCRT 111, the respondent strata corporation “entered into a renewal project of its building, Read more…

November 10, 2017

Ontario court refuses to amend condominium’s declaration to remove provisions enabling short-term rentals

With the advent of online services such as Airbnb, short-term rentals have been causing increasing anxiety for strata and condominium corporations across the country. This anxiety has spilled over into the courts, particularly in Ontario. Late last year, that province saw an important decision on a condominium corporation’s power to restrict Read more…

November 7, 2017

Signature of all owners required to transfer part of a strata corporation’s common property for highway dedication

In British Columbia (Minister of Transportation and Infrastructure) v Registrar, Victoria Land Title Office, 2017 BCSC 1999, the BC Supreme Court took on an issue that “has arisen in the past” with the hopes that “a determination here would clarify the requirements for the future.” The case involved the level of Read more…

November 6, 2017

Strata corporation not bound by easement’s positive covenants for sharing of parkade expenses

For the third time this year, the Supreme Court of British Columbia has refused to enforce positive covenants found in an easement agreement against a strata corporation. The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2017 BCSC 1988, follows The Owners, Strata Plan LMS 3905 v Crystal Read more…

November 3, 2017

BC Supreme Court holds that compliance with statutory obligation to pay common expenses “cannot create an independent legal obligation between a strata corporation and the party to whom the expenses are paid”

Although Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947, is a case primarily concerned with civil procedure, the reasons for judgment do contain some interesting comments on section 14 (1) of the Strata Property Act. That provision requires a strata corporation to pay common expenses during Read more…