12/07/2019 – Jurisdiction British Columbia
Part 67 published on 01/09/2019
Court orders appointment of Administrator and additional orders respecting parking
The Court was previously asked, and declined, to appoint an administrator; but had made various orders respecting the administration of the strata corporation. [See Condo Cases Across Canada, Part 64, December 2018.]
On this further application, the Petitioner again returned to Court seeking the appointment of an administrator and also seeking specific orders to resolve ongoing difficulties in relation to allocation of parking.
This time, the Court did grant the order appointing an administrator; and included specific orders authorizing the administrator to develop and present to the owners a proposal to hopefully resolve the parking issues. The Court said:
Coming back to the approach set out in Lum (Lum v. Strata Plan VR519), I find that the following factors support appointment:
- there has been a demonstrated inability to manage the strata corporation in a proper fashion;
- the appointment of an administrator is necessary to bring order to the affairs of the strata corporation;
- there is a struggle within the strata corporation among competing groups such as to impede or prevent proper governance of the strata corporation; and
- only the appointment of an administrator has any reasonable prospect of bringing to order the affairs of the strata corporation.
It is the cumulative effect of all of the issues discussed above that leads me to this conclusion, but particularly the “struggle among competing groups” in relation to the proper parking regime.