Part 53 published on 01/02/16
Support services properly included as part of common expenses
The strata corporation had passed a by-law relating to the provision of support services to all of the owners. Two of the owners asserted that the by-law was ultra vires and unfair. They said that the strata corporation did not have the ability or legal authority to compel owners to pay for support services they do not need, want or use.
The Court held that the by-law was valid and enforceable, and there was no unfairness. The support services had been contemplated as part of the original development.
The Court noted that the support service fees had been incorrectly allocated on a flat-fee basis, rather than on the basis of unit entitlements as required by the Strata Property Act. However, the Court said that this did not result in any unfairness to the two petitioning owners.