Part 46 published on 01/05/14
Owner’s claim to recoup part of special levies dismissed
The strata corporation had charged special levies not in accordance with unit entitlements. The method by which the special levies were allocated had been approved by special resolution of the owners. One of the owners claimed that the special levies were improper. She claimed to have overpaid by $15,319.67, not including interest and penalties.
The strata corporation agreed to repay the interest, penalties and legal fees amounting to $2,676.88. The Court otherwise declined to adjust the special levies, and dismissed the petition.
The Court agreed that the special levies had not been charged in accordance with the Strata Property Act. The Court said:
… unit entitlement is the only way to allocate costs unless there is a unanimous resolution to change that allocation. Here, there was no unanimous resolution to change the statutory allocation.
Even so, the court dismissed the petition for the following reasons:
(a) The special levies in question had already been paid in full by the previous owner of the unit, and had been disbursed by the strata corporation, without objection.
(b) There was no existing or current contravention and it would not be proper, on the facts of this case, to remedy a past contravention.
(c) The Plaintiff should be estopped from pursuing a claim at this time, after failing to object for many years.
(d) There was no significant unfairness.