October 5, 2016

BC Supreme Court appoints administrator, orders special levy aimed at remedying “quintessential leaky condo”

In a recent decision, the Supreme Court of British Columbia appointed an administrator for a strata corporation under section 174 of the Strata Property Act and ordered a special levy to a maximum amount of $16 827 000 under section 165 of the act. Santos v The Owners, Strata Plan LMS 1509, 2016 BCSC Read more…

October 4, 2016

Strata corporation ordered to pay damages for failure to repair and maintain common property

In Hill v The Owners, Strata Plan KAS 510, 2016 BCSC 1753, the BC Supreme Court found that a strata corporation had acted in a significantly unfair manner toward a strata-lot owner. The strata corporation had found itself in a catch-22 when structural defects in the strata-property’s foundation caused warping to Read more…

September 23, 2016

BC Court of Appeal upholds decision not to penalize owner-developer for failing to hold strata corporation’s first AGM

In The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2016 BCCA 370, the Court of Appeal for British Columbia affirmed a decision made in chambers in The Owners, Strata Plan KAS 3549 v 0738039 B.C. Ltd, 2015 BCSC 2273. The case involved the interpretation of section 17 of the Read more…

September 15, 2016

Spotlight on sections: Qualifying conditions to create a section

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…

September 2, 2016

What is a residential strata lot?

In a somewhat circular definition, the Strata Property Act defines “residential strata lot” to mean “a strata lot designed or intended to be used primarily as a residence.” The Supreme Court of British Columbia recently considered this definition in ruling on a dispute over a strata corporation’s “governance of a phased Read more…