Part 57 published on 01/03/17
Court approves resolution to levy special assessment
The strata council had sought 3/4 approval for a resolution to levy a special assessment for required repairs, but had failed to obtain the necessary 3/4 approval. The strata corporation applied for court approval of the resolution under section 173 of the Strata Property Act. The Court granted the approval. The Court said:
I am satisfied from the content and recommendations made by (the strata corporation’s expert) (that the strata council’s proposed approach) represents a reasonable compromise between remediation work which is necessary and which would prevent further loss and damage to the Strata’s common property and the financial burden on the owners which such remediation work will entail. I am also satisfied that the special levy is necessary to prevent significant loss or damage to the complex pursuant to s. 173(2)(a).
…
Notwithstanding the evidence of Mr. Hill, who filed several affidavits in support of the respondents, I find the Council has acted in a bona fide manner in difficult circumstances. While there is support for the position that past maintenance and repairs have been done on an inconsistent and piecemeal basis and strata owners have borne increased fees and assessments, the Council is trying to proceed with necessary remediation work on a phased high priority repair first basis. The conclusion I draw from the facts before me is that if the remediation does not proceed strata owners will be faced with even higher assessments (and even further loss in the value of their property) in the future.