03/06/2019 – Jurisdiction British Columbia
Part 67 published on 01/09/2019
Owner was treated unfairly in some respects. But Court declines to appoint administrator
The petitioner challenged various actions of the strata corporation and asserted that he had been unfairly treated. He also sought the appointment of an administrator.
The Court determined that many of the petitioner’s concerns had already been addressed or resolved. The Court also declined to appoint an administrator.
However, the Court also made a number of orders to address proper concerns that had been raised by the petitioner. In addition, the Court found that the petitioner had been unfairly treated in some respects, particularly when an AGM Chair failed to properly listen to the petitioner’s concerns expressed at the meeting. The Court said:
An owner addressing Council on an issue concerning the Strata Corporation has a reasonable expectation that he or she will be heard, treated with respect, and that his or her concern will be considered by the Council.
…
I find the treatment of the petitioner (by the AGM Chair) to be rude, dismissive, and hostile. It violates the petitioner’s reasonable expectation to be treated respectfully by the Council and to have his valid concerns heard. When he was cut off and ignored, he was denied the right to participate in the meeting.
The Court did not award costs to either party.