24/09/13 – Jurisdiction British Columbia
Part 26 published on 01/05/09
Options to purchase portions of common property invalid
Part 26 published on 01/05/09
Options to purchase portions of common property invalid
The developer of a strata plan granted options to acquire portions of the common property of the strata corporation. The lower Court held that the options were valid, because they were conditional upon compliance with subdivision approval.
The decision was overturned on appeal. The Court of Appeal held that the options were invalid because they constituted subdivisions of land for which approval was required at the time the option was granted.