Strata Plan VR386 v. Luttrell (British Columbia Supreme Court)

An owner refused to pay strata fees because he disputed the corporation’s financial management, budgeting procedures and calculation of strata fees.   

The Court said that the owner could not withhold payment of the strata fees.  The Court’s decision included the following: 

• It is obvious that public policy requires a methodology for resolving issues among owners in a strata corporation.  That methodology is set out in the Strata Property Act.  Without reference to or use of that statute, there would exist a form of anarchy in a strata building and it would therefore be unlikely that the essential repairs and maintenance would ever get done.  That the majority make the rules is an accepted way in which our democracy functions.  In the case of the Strata Property Act that majority must be 75% of all the eligible votes.

• In the case of Mr. Luttrell, he has opted to disenfranchise himself by virtue of his refusal to pay his strata fees or his portion of the special levy, or has chosen not to follow the provisions of the Act for resolution of disputes.