The Owners, Strata Plan NES 97 v. Timberline Developments Ltd. (Court of Appeal for British Columbia)

11/07/13 – Jurisdiction British Columbia
Part 36 published on 01/12/11
Trial decision upheld on appeal. Hot tubs were common facilities

The trial Court had found that the developer of this phased strata development was obligated to share in the cost of repair, maintenance and operation of six hot tubs, because they qualified as “common facilities” for purposes of Sections 217 and 227 of the Strata Property Act.  [See Condo Cases Across Canada, Part 34, May 2011]. 

The lower Court decision was upheld on appeal.