BC Supreme Court orders restoration of common property to state before unauthorized changes made, appoints administrator for deadlocked duplex strata property

In Anthony v Schnapp, 2016 BCSC 1839, the Supreme Court of British Columbia considered “two competing petitions” from strata-lot owners. The strata property at issue was a duplex. A dispute over changes to common property had festered and caused a complete breakdown in the strata property’s governance. The owners were seeking remedial orders and, on one side, the appointment of an administrator. The court’s overview gave a succinct rendition of the case’s major facts: This case involves Read more

Spotlight on sections: Should all sections have a say in whether a section is cancelled?

BCLI is running a public consultation on complex stratas. It is asking for public input into proposed changes to the law governing sections, types, and phases. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues on sections, types, and phases discussed in the Consultation Paper on Complex Stratas. To read other posts in the series please Read more

BC Supreme Court appoints administrator, orders special levy aimed at remedying “quintessential leaky condo”

In a recent decision, the Supreme Court of British Columbia appointed an administrator for a strata corporation under section 174 of the Strata Property Act and ordered a special levy to a maximum amount of $16 827 000 under section 165 of the act. Santos v The Owners, Strata Plan LMS 1509, 2016 BCSC 1775, involved “a large 250-unit residential strata complex” located in east Vancouver and made up of 11 buildings: “four mid-sized four storey buildings (buildings A, B, Read more

New BC Franchises Act and regulations in force on 1 February 2017

The Franchises Act and regulations will come into force on 1 February 2017, according to an announcement today by the Ministry of Small Business and Red Tape Reduction .  The Act was passed in 2015 following a BCLI report that recommended BC enact franchise legislation similar to that already in force in Alberta, Manitoba, Ontario, New Brunswick and PEI.  The Franchises Act provides important protections for BC-based franchisees and prospective buyers of franchises, and benefits Read more

Strata corporation ordered to pay damages for failure to repair and maintain common property

In Hill v The Owners, Strata Plan KAS 510, 2016 BCSC 1753, the BC Supreme Court found that a strata corporation had acted in a significantly unfair manner toward a strata-lot owner. The strata corporation had found itself in a catch-22 when structural defects in the strata-property’s foundation caused warping to the floor of a strata lot’s basement and it could not obtain the approval of its owners to comply with its duty under section 72 of Read more