February 24, 2017
Strata corporation’s fines against business owner found to be significantly unfair
In Omnicare Pharmacy Ltd v The Owners, Strata Plan LMS 2854, 2017 BCSC 256, a strata corporation and an owner of a nonresidential strata lot grappled with some of the challenges of “[l]iving and operating a business on the Downtown Eastside.” The case involved a longstanding dispute over whether the owner’s Read more…
January 20, 2017
Report: First strata termination approved without a unanimous vote goes to supreme court for confirmation
Business in Vancouver has published a story on British Columbia’s first strata corporation to use the new termination procedure. The strata corporation has now reached the stage of confirmation of the resolution to terminate by the Supreme Court of British Columbia. Bill 40 amended part 16 of the Strata Property Act, permitting the Read more…
January 19, 2017
Finding on whether strata plan contained errors in designating limited common property necessary to determine outcome of strata-property parking dispute
In Chow v The Owners, Strata Plan NW 3243, 2017 BCCA 28, the BC Court of Appeal set aside a supreme-court decision and returned a petition to that court for a new hearing. The case involved consideration of whether failure to amend a strata plan under section 257 of the Read more…
January 9, 2017
BC Supreme Court approves strata corporation’s remediation resolution
Section 173 (2) of the Strata Property Act allows a strata corporation to apply to the supreme court for an order relating to “a special levy to raise money for the maintenance or repair of common property or common assets.” There are a couple of conditions that have to be met Read more…
December 23, 2016
Ontario court holds that condominium validly prohibited short-term rentals
Short-term rentals, which are often enabled by online services, have become an increasing concern for strata corporations. A recent court decision from Ontario illustrates the conflicts that may arise when owners engage in short-term rentals and the tools that strata corporations may have to deal with the issue. Ottawa-Carleton Standard Read more…