June 14, 2016
Newfoundland and Labrador condominium corporation fails to meet standard of honesty and good faith in imposing conditions on approval
Summer Services Ltd v Karwood Commercial Condominium Corp, 2016 CanLII 34954, a recent decision of the trial division of the Supreme Court of Newfoundland and Labrador, illustrates how a condominium corporation’s board of directors (the equivalent of a BC strata council) may fail to meet its statutory duties of honesty Read more…
June 9, 2016
California Law Revision Commission makes tentative recommendations on builders liens and strata properties
As noted earlier this spring, the California Law Revision Commission is carrying out work on legal issues that arise from the intersection of builders-lien law and strata properties. The commission has just released its tentative recommendations for reform (PDF) of what California law calls mechanics liens in common-interest developments. At bottom, the Read more…
June 2, 2016
Ontario Superior Court considers cost sharing and responsibility for repairs in a mixed-use strata
In Middlesex Condominium Corp No 195 v Sunbelt, 2016 ONSC 1528, the Ontario Superior Court of Justice examined three issues that have raised concerns in British Columbia strata-property law as well. These issues are: (1) allocation of common expenses between commercial and residential strata lots in a mixed-use strata; (2) Read more…
April 27, 2016
Strata corporation’s counterclaim against owner-developer barred by Limitation Act
In Zaidi v The Owners, Strata Plan LMS 3464, 2016 BCSC 731, a recent decision on an application to dismiss a counterclaim and third-party notice, the BC Supreme Court considered the effect of a disclosure statement under the Real Estate Development Marketing Act in relation to the discoverability rules for limitation periods. The Read more…
April 26, 2016
BC Human Rights Tribunal refuses to dismiss smoker’s discrimination complaint against strata corporation
In a decision made earlier this month, the British Columbia Human Rights Tribunal has refused to dismiss a complaint against a strata corporation that its blanket ban on smoking amounted to discrimination on the basis of a mental disability contrary to section 8 of the Human Rights Code. Background to the Read more…