08/24/2018 – Jurisdiction British Columbia
Part 64 published on 12/01/2018
Various orders against strata corporation; but no appointment of administrator
The owner of two strata lots petitioned for the appointment of an administrator and for various other remedies due to alleged improper actions of the strata corporation. The Court confirmed that the strata corporation had made numerous errors, including:
- failure to repay excessive strata fees collected from the petitioner;
- failure to collect strata fees owed by other owners;
- imperfect management of parking;
- failure to pass a 2018 budget;
- failure to attend to certain required repairs with sufficient haste.
However, the Court declined to order the appointment of an administrator. Instead, the Court made various orders in relation to the individual failures of the strata corporation.
The Court said:
I find that the strata corporation’s conduct has been lax and sloppy in certain respects. However, it has not been sufficiently egregious to justify the appointment of an administrator. The complaints advanced range from minor to moderate in significance and are better suited for specific orders under s.164(2)(c) of the Act than a wholesale removal of the strata corporation’s government.