December 9, 2016

BC Court of Appeal allows beneficial owner to challenge strata-corporation bylaws and votes

In The Owners, Strata Plan NW 499 v Louis, 2016 BCCA 494, the Court of Appeal for British Columbia considered an appeal from a decision of BC Supreme Court judge in chambers (Strata Plan NW 499 v Kirk, 2015 BCSC 1487). The appeal court dismissed arguments that numerous sections of Read more

December 2, 2016

Scottish Law Commission consulting on penalty clauses in contracts

The Scottish Law Commission has just published its Discussion Paper on Penalty Clauses (PDF). In a news release (PDF) accompanying the discussion paper, the commission notes that it is “raising for consultation purposes the possibilities that the rule be abolished outright, or be completely replaced by new, much better-targeted rules to Read more

Spotlight on phases: Insurance coverage for a new phase

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 Read more

December 1, 2016

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 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 Read more