December 1, 2016

Strata corporation’s attempt to characterize fines as strata fees unsuccessful

The Owners, Strata Plan BCS3648 v Podwinski, 2016 BCSC 2253, a short oral judgment made in August, tackles an interesting issue. Section 116 of the Strata Property Act allows a strata corporation to “register a lien against an owner’s strata lot . . . if the owner fails to pay the strata corporation Read more…

November 25, 2016

Spotlight on phases: Should the Strata Property Regulation restrict a phased strata’s ability to amend bylaws relating to pets, rentals, age, and marketing?

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a Read more…

November 23, 2016

Judgment in long-running dispute addresses powers of sections, voting

Yang v Re/Max Commercial Realty Associates (482258 BC Ltd), 2016 BCSC 2147, is the latest judgment in a dispute that has spawned two other BC Supreme Court decisions: Yang v The Owners, Strata Plan LMS 4084, 2010 BCSC 453, and Yang v 482258 Ltd (Re/Max Commercial Realty Associates) (21 January Read more…

November 16, 2016

BC Supreme Court tackles builders lien claim against a strata corporation’s common property

In a decision released yesterday, the Supreme Court of British Columbia addressed some of the difficult issues that can arise when a strata corporation engages a builder to carry out construction on common property. Primex Industries Inc v The Owners, Strata Plan LMS 1751, 2016 BCSC 2092, contained a sustained Read more…

November 15, 2016

BC Court of Appeal sets aside fines because strata corporation failed to give owner notice and an opportunity to respond

In Terry v The Owners, Strata Plan NW 309, 2016 BCCA 449, the Court of Appeal for British Columbia reversed a decision made earlier this year by a judge of the supreme court in chambers and declared fines imposed on a strata-lot owner for failing to pay strata fees and a Read more…