Part 55 published on 01/09/16
Court orders that schedule of unit entitlements be amended to include finished basements and finished lofts in calculation of habitable areas
The unit entitlements were originally calculated on the basis of habitable square footage in accordance with section 1of the Condominium Act. Unfinished basements, lofts and certain other portions of the units were not included in the unit entitlement calculations. Over time, the basements and lofts in many of the strata lots were finished; but the schedule of unit entitlements was never amended to reflect any corresponding increase in the habitable areas of those strata lots.
The petitioners were the owners of six strata lots that didn’t have basements or lofts. Because common expenses are based upon unit entitlements, the petitioners asserted that the schedule of unit entitlements should have been revised (to reduce their entitlements) because of the increased habitable areas of the strata lots with finished basements. The Court agreed. The Court ordered that the schedule of unit entitlements be amended pursuant to section 246 (8) (a) of the Strata Property Act. The Court also ordered, pursuant to section 164 of the Strata Property Act, that a previous resolution passed to approve a special levy for roof replacement was to be varied to reflect the amendments to the schedule of unit entitlements.