Adjustment to strata fees “paid in the period between the end of a fiscal year and the passing of the budget for the next fiscal year, is not a retroactive charge”: BC Supreme Court

In 625536 B.C. Ltd v The Owners, Strata Plan LMS4385, 2018 BCSC 1637, the Supreme Court of British Columbia took on the issue of whether an “adjustment” to strata fees to bring them into line with amounts approved in a budget passed after a strata corporation’s fiscal year end is a valid practice. The issue had been considered in two decisions of the Civil Resolution Tribunal—The Owners, Strata Plan NW 2729 v Haddow, 2018 BCCRT Read more

Spotlight on strata insurance: Should the Strata Property Act require strata corporations to obtain directors-and-officers insurance?

BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. 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 discussed in the Consultation Paper on Insurance Issues for Stratas . Read more

BCLI seeks input on insurance issues for stratas

The British Columbia Law Institute’s Strata Property Law Project Committee has published its Consultation Paper on Insurance Issues for Stratas. The consultation paper asks the public for its views on proposals to reform how the Strata Property Act governs the legal issues relating to insurance for strata corporations. The consultation period is open until 15 December 2018. The consultation paper has 10 tentative recommendations for reform, which address issues such as expanding the legislative mandate on Read more

Strata corporation held responsible to replace common-property drainage pipes servicing restaurant

The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd, 2018 BCSC 1502, was a dispute “over the allocation of responsibility for repairing or replacing drainage pipes that the parties agree are common property.” In it, the “strata corporation seeks orders, pursuant to s. 173(1) of the Strata Property Act, S.B.C. 1998, c. 43, requiring Triple P to replace 63 drainage pipes that serve strata lots 14 and 15.” “Triple P,” the respondent in the case, Read more

CRT Roundup—bylaws, finances, meetings, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 31 new decisions since the last post. Governance—bylaws—adoption—reconsideration—strata council—election—enforcement of bylaws—short-term accommodation Howe-Smith v The Owners, Strata Plan KAS 1201, 2018 BCCRT 348, concerned a dispute over the validity of bylaws and short-term accommodation in a bare-land strata: 2. The owner says that the respondent strata failed to follow proper procedures in approving bylaws. The owner also says Read more