BCLI Seeks Public’s Views on Rules for Terminating a Strata
May 15, 2014
BY Sarah Chao
Vancouver, 15 May 2014—The British Columbia Law Institute is asking the public for its opinion on proposals to reform how the Strata Property Act deals with the termination of a strata. In its just-published Consultation Paper on Terminating a Strata, BCLI examines the development of what the Strata Property Act calls cancellation of a strata plan and winding up of a strata corporation and makes 21 tentative recommendations designed to improve this province’s legal framework for terminating a strata.
“Termination is likely going to become an important issue for stratas, as strata buildings age and as the strata sector in British Columbia continues to evolve,” noted Strata Property Law Project Committee Chair Patrick Williams. “This consultation will give people an opportunity to have their say on how to strike the best balance in the rules applying to termination.”
The consultation paper begins by tackling the key issue of the voting threshold to authorize termination, proposing a move from the current rule of unanimous consent to a rule setting the threshold at 80 percent of all voters. From there, the consultation paper moves on to consider the notice and procedural reforms needed to integrate this new form of resolution into the Strata Property Act’s existing collective decision-making system, the measures that should be put in place to protect the interests of dissenting owners and registered chargeholders, and the appropriate transitional rule for the committee’s reforms.
The full consultation paper, a summary consultation, a response booklet, and a backgrounder are all available on the Strata Property Law – Phase Two project page.
The consultation is open until 30 September 2014.
BCLI strives to be a leader in law reform by carrying out the best in scholarly law-reform research and writing and the best in outreach relating to law reform.
Contact: Kevin Zakreski