British Columbia

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British Columbia

Jurisdiction:

The Owners of Strata Plan NWS 254 v. Hall (British Columbia Supreme Court) December 16, 2016

Strata corporation obligated to compensate owner for replacement of windows and door
Jurisdiction:

Terry v. The Owners, Strata Plan NW 309 (British Columbia Court of Appeal) November 15, 2016

Fines were not properly imposed and were therefor invalid
Jurisdiction:

Chen v. The Owners, Strata Plan VR1856 (British Columbia Supreme Court) October 24, 2016

Owners mistakenly assumed deck was part of the common property. No significant unfairness
Jurisdiction:

Santos v. The Owners, Strata Plan LMS 1509 (British Columbia Supreme Court)

Court orders appointment of administrator as well as special levy
Jurisdiction:

Hill v. The Owners, Strata Plan KAS 510 (British Columbia Supreme Court)

Owner awarded damages for strata corporation’s failure to repair the common property with reasonable haste
Jurisdiction:

Leary v. Strata Plan VR1001 (British Columbia Human Rights Tribunal) September 21, 2016

Strata corporation failed to properly accommodate a resident with a disability, who complained of second-hand smoke
Jurisdiction:

The Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership (British Columbia Court of Appeal) September 15, 2016

Disclosure statement contained a material misrepresentation. However, the purchasers suffered no resulting damages
Jurisdiction:

The Owners, Strata Plan KAS 3549 v. 0738039 B.C. Ltd. (British Columbia Court of Appeal) September 9, 2016

Appeal dismissed. The developer had failed to call the first AGM within prescribed time limits; but there should be no penalty unless an owner has called the AGM
Jurisdiction:

East Barriere Resort Limited v. The Owners Strata Plan KAS1819 (British Columbia Supreme Court)

Court determines that the strata lots are “residential”; that the strata corporation cannot grant licenses of the boat slips for a period in excess of one year; and that the strata corporation cannot control activity outside the strata property
Jurisdiction:

The Owners, Strata Plan BCS3648 v. Podwinski (British Columbia Supreme Court) August 24, 2016

Unpaid fines are not strata fees
Jurisdiction:

Barrett v. The Owners, Strata Plan LMS 3265 (British Columbia Supreme Court)

Court orders that schedule of unit entitlements be amended to include finished basements and finished lofts in calculation of habitable areas
Jurisdiction:

Mathews v. The Owners, Strata Plan VR 90 (British Columbia Court of Appeal)

Appeal dismissed. Strata corporation entitled to refuse rental request