Part 39 published on 01/08/12
Court declines to appoint administrator.
Two of the owners in this 30-lot bare land strata development applied for the appointment of an administrator and property manager. The Court dismissed the application.
The Corporation was being managed by the developer. The developer also owned 18 of the strata lots. The Court held that the Strata Corporation operations “were irregular at the start” but “by 2010 the owners had begun to get a grip on how to properly administer and operate the Corporation’s business”. The Court said:
I find that there was no substantial misconduct or mismanagement of the affairs of the corporation: money did not go missing or become diverted to an improper account; one owner’s interests were not preferred over another’s; the common property was maintained; the roads were plowed in the winter; and water ran through the pipes in the summer. In any event, the cost of having an administrator and property manager take over the operation of the corporation would, in my opinion, outweigh the value their services would bring to the corporation.