16/05/13 – Jurisdiction British Columbia
Part 23 published on 01/09/08
Parking stalls not properly allocated by strata corporation
Part 23 published on 01/09/08
Parking stalls not properly allocated by strata corporation
The Court ordered that additional parking spaces be allocated to the petitioner, for its exclusive use. The Court said that the strata corporation had not allocated parking spaces in accordance with its own by-laws or the zoning by-laws of the City of North Vancouver.
The by-laws of the strata corporation purported to allow the corporation to charge “excess user charges” to any owner if the corporation incurred increased or disproportionate expenses as a result of that owner’s activities. The Court held that this provision was not permitted by the previous Condominium Act or by the current Strata Property Act.