Part 31 published on 01/08/10
Owners must pay their share of costs payable by strata corporation
The petitioner, Oldaker, received an award of costs against the strata corporation. Under Section 167 of the Strata Property Act, Oldaker was not responsible to contribute (as strata lot owner) to any of the costs payable (to him) by the strata corporation. Certain owners (who were respondents to the petition) had stated throughout that they did not oppose Mr. Oldaker’s claims. They asserted that they should also be excused from contributing to any costs awarded to Mr. Oldaker. The Court refused this request. The Court said that these respondent owners did not meet the requirements of Sections 167(2) and 169(1)&(2) – so as to be able to avoid their share of the strata corporation’s costs. The Court also declined to find that the strata corporation had treated these owners with significant unfairness for purposes of Section 164 of the Strata Property Act.