September 1, 2016

BCLI opens public consultation on complex stratas

With the publication today of its Consultation Paper on Complex Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act and the Strata Property Regulation concerning sections, types, and phases. “Sections and types allow Read more…

August 31, 2016

Ontario Court of Appeal: Business judgment rule applies to condo board decisions

In a decision released yesterday, Ontario’s top court has made it clear that decisions taken by a condominium’s board of directors (what in British Columbia is called a strata council) are covered by the business judgment rule. “This rule,” as the court defines it, “recognizes the autonomy and integrity of Read more…

August 25, 2016

BC Supreme Court orders strata corporation to amend its Schedule of Unit Entitlement

Unit entitlement is one of the building blocks of strata-property law. Under British Columbia’s Strata Property Act, unit entitlement is “used in calculations to determine the strata lot’s share of (a) the common property and common assets, and (b) the common expenses and liabilities of the strata corporation.” Section 246 (3) of Read more…

August 18, 2016

Strata-lot owner held responsible to pay strata corporation’s insurance deductible in leaky-toilet case

In a case decided late last month, the Provincial Court of British Columbia (Small Claims) has held a strata-lot owner responsible to pay the strata corporation’s insurance deductible. The case is the latest example of how courts are handling the legal issues that arise when strata-property law and insurance law Read more…

August 16, 2016

BC Court of Appeal clarifies interpretation of Strata Property Act’s rental-restriction rules

In Mathews v The Owners, Strata Plan VR 90, 2016 BCCA 345, the Court of Appeal for British Columbia clarified the requirements of the rental-restriction rules found in section 141 of the Strata Property Act. Previous decisions had agreed that section 141 (3) requires a strata corporation to have a procedure Read more…