18/04/17 – Jurisdiction British Columbia
Part 57 published on 01/03/17
By-laws invalid; strata council not validly constituted; strata corporation’s actions significantly unfair; fines cancelled
Part 57 published on 01/03/17
By-laws invalid; strata council not validly constituted; strata corporation’s actions significantly unfair; fines cancelled
The strata corporation had levied fines against one of its owners (a pharmacy) based upon alleged violations of the corporation’s by-laws. The Court found that the corporation’s treatment of the owner had been significantly unfair, and cancelled all of the fines. The Court said:
- The corporation’s by-laws had not been validly passed;
- The strata council was not properly constituted;
The Court also ordered that the owner’s request to install a security gate on the exterior door of the owner’s unit “be considered afresh by a validly constituted Strata Council”.