26/08/13 – Jurisdiction British Columbia
Part 3 published on 01/08/03
Required Procedures before lawsuit
Part 3 published on 01/08/03
Required Procedures before lawsuit
British Columbia’s Strata Property Act requires that certain procedures be followed before the strata corporation may commence a lawsuit. The procedures can be found in sections 171 and 172 of the Strata Property Act:
- The lawsuit must be authorized by a resolution passed by a three-quarter vote at an annual or special general meeting;
- Where the Strata Corporation wishes to sue on behalf of one or more owners about matters affecting only their Strata lots, the corporation must also obtain the written consent of those owners.
If these requirements are not fulfilled, as in this case, the lawsuit is a nullity.