Part 34 published on 01/05/11
Administrator’s appointment extended. Strata corporation does not have authority to seek re-zoning without unanimous consent of owners
An administrator had previously been appointed because of required building envelope repairs and the inability of the owners to agree on the required work (by way of necessary supporting votes). [See Condo Cases Across Canada, Part 23, September 2008] The Court extended the administrator’s appointment. The Court said:
“I am persuaded that the complexity of the problems that continue to plague this building and the inability of the owners to work in any cohesive way towards solutions that are consistent with the duties and best interests of the strata corporation require the continuing appointment of an administrator.”
The Court also addressed the demands, from some of the owners, that the administrator seek a re-zoning of the property to permit six balcony enclosures (which had been installed some time after original construction). The Court said:
“I conclude that, absent the unanimous consent of all strata property owners, neither a strata corporation, nor a strata council on its behalf, nor a Court appointed administrator, is entitled to seek any re-zoning change for the simple reason that re-zoning directly affects the property rights of each individual owner.”