Part 22 published on 01/05/08
Modifications not approved by strata corporation
The plaintiff operated a dry-cleaning business out of three of the strata lots. He had made various renovations (including modifications to common property) which he said had been authorized by the strata council. The strata corporation said that it had never given more than agreement in principle and that final agreement was subject to review of all drawings and permits for the proposed work.
The plaintiff sued for an injunction to prevent the strata corporation from withdrawing its approval, or alternatively for damages resulting from such withdrawal.
The Court found in favour of the strata corporation. The Court agreed that the modifications were never finally approved. The Court also noted that some of the modifications violated the by-laws of the strata corporation and the standard by-laws of the Strata Property Act.
The Court accordingly made various orders for a detailed disclosure and review of the modifications and for approval and/or reversal of the modifications. The Court also made orders for recovery of costs incurred by the strata corporation, but did order a reduction of fines imposed by the strata corporation.