Wiener v. Strata Corporation KAS 1354 (Supreme Court of British Columbia)

The petitioner was the owner of a unit in the strata development.  Among other things, the petitioner sought a declaration that garage conversions contravened the by-laws of the strata corporation, that certain common area modifications also contravened the by-laws of the strata corporation, and that the strata council had failed to fulfill its obligations with regard to enforcement of by-laws.  Finally the petitioner sought the appointment of an administrator to perform various duties of the strata corporation.  Although the Court felt that some of the petitioners’ complaints were “trivial”, the Court generally agreed with the petitioner and granted the following relief:

• a declaration that the garage conversions contravened the by-laws of the strata corporation;
• a declaration that certain common area modifications also contravened the by-laws of the strata corporation;
• a declaration that the strata Council had, in some respects, failed to fulfill its obligations; and
• an order appointing an administrator on terms listed in the Court decision.