The Owners, Strata Plan NWS 3401 v. HSBC Bank of Canada (B.C. Supreme Court)

The strata corporation’s Court-appointed administrator applied for Court approval of three special levies: 

1. A special levy to pay legal expenses incurred by the strata corporation related to the appointment of the administrator and other legal proceedings.
2. A special levy to pay the remuneration and expenses of the administrator.
3. A special levy to pay for the preparation of a depreciation report pursuant to Section 94 of the Strata Property Act. 

The Court granted the requested approval.  The Court said: 

• “…the Administrator must first seek a ¾ majority but if that fails, he may apply to the court under s. 174 for an order to ensure the strata corporation addresses all issues in respect of which it has a duty.  The Administrator…has followed that process.”