Part 33 published on 01/02/11
Residential and non-residential lots to vote separately under Section 128 of Strata Property Act
This strata property contained 491 residential strata lots and 4 non-residential strata lots. According to Section 128 of the Strata Property Act, a by-law would require separate resolutions, one passed by a ¾ vote of the residential strata lots, and one passed by a 3/4 vote of the non-residential strata lots. This would effectively give the owners of the 4 non-residential strata lots voting entitlement (in relation to by-laws) which was equal to the voting entitlement of the owners of the 491 strata lots. The chambers judge felt that this created the potential for significantly unfair or oppressive voting and therefore ordered, under Section 164 of the Strata Property Act, that the residential and non-residential lot owners vote together as a single group.
On appeal, the order of the chamber’s judge was reversed. The Court of Appeal said that the potential for oppression was not sufficient to overcome the voting mechanism set forth in the Strata Property Act.