Strata corporation’s attempt to characterize fines as strata fees unsuccessful

The Owners, Strata Plan BCS3648 v Podwinski, 2016 BCSC 2253, a short oral judgment made in August, tackles an interesting issue. Section 116 of the Strata Property Act allows a strata corporation to “register a lien against an owner’s strata lot . . . if the owner fails to pay the strata corporation any of the following with respect to that strata lot: strata fees; a special levy; a reimbursement of the cost of work referred to in Read more…

Update on Australian strata-property reform

While BCLI works on its own Strata Property Law Project—Phase Two, it has been keeping abreast of developments in Australian strata-property law. Two Australian states have just made announcements on the progress of their new strata-property legislation. In New South Wales, what has been described as a “new era” for strata properties began on 30 November 2016 with the coming into force of the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015. The Read more…

Societies Act comes into force today

Today British Columbia’s new not-for-profit corporate statute, the Societies Act, comes into force. The new act replaces the old Society Act. Today also marks the beginning of a two-year transition period, for existing societies to transition from the old act to the new act. Both the government of British Columbia (PDF) and the People’s Law School have published guides on the transition process. The Societies Act contains a host of changes for British Columbia’s not-for-profit Read more…

Spotlight on phases: Should the Strata Property Regulation restrict a phased strata’s ability to amend bylaws relating to pets, rentals, age, and marketing?

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…

Judgment in long-running dispute addresses powers of sections, voting

Yang v Re/Max Commercial Realty Associates (482258 BC Ltd), 2016 BCSC 2147, is the latest judgment in a dispute that has spawned two other BC Supreme Court decisions: Yang v The Owners, Strata Plan LMS 4084, 2010 BCSC 453, and Yang v 482258 Ltd (Re/Max Commercial Realty Associates) (21 January 2014), Vancouver S134432 (SC). Yang (2016) addressed a wide array of issues between the parties, largely concerning strata-property governance and the authority of sections. The Read more…