Part 5 published on 01/02/04
Vote of owners not required to authorize petition for sale of a strata lot under section 117 of the Strata Property Act.
The applicant owner was in arrears in payment of his strata fees. The strata corporation registered a lien and then brought a petition, under section 117 of the Strata Property Act, seeking an order for sale of the strata lot.
The applicant asserted that the strata corporation was required to obtain a ¾ vote under section 171 of the Strata Property Act before proceeding with the petition. The Court disagreed. The Court said that the requirement for a vote does not apply to the lien collection procedure, including a petition for sale under section 117.
Nevertheless, the Court was not prepared to immediately grant the petition. The Court was not satisfied, on the evidence, as to the proper amount of the lien. The Court said that if the parties could not agree on the amount, the Court could be asked to determine the amount and then to grant the order for sale.