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CONDOMINIUMS - Board of directors - Obligations

Tuesday, July 16, 2019 @ 8:45 AM  

Lexis Advance® Quicklaw®
Appeal by a strata owner from a decision dismissing his petition for a declaration that the respondent strata corporation must obtain supermajority approval of the owners before listing a strata complex for sale. The chambers judge concluded that only a simple majority was required.

HELD: Appeal dismissed. The Strata Property Act did not expressly impose any supermajority requirements upon a resolution to list a strata complex for sale and did not imply any such requirement. The appellant provided no evidence that listing the complex for sale would negatively impact the value of the strata units or entail inspections for which strata owners must be present. Even if the listing of a complex for sale were to trigger, as a matter of implementation, certain supermajority voting provisions under the strata finance sections of the Act, it did not follow that the resolution to list the complex would also be subject to those same voting requirements. Division 2 of Part 16 of the Act neither imposed an 80 per cent voting threshold upon the listing of a strata complex for sale nor limited the authority to list or market such property to only the liquidator.

Buckerfield v. Strata Plan VR. 92 (appeal by Dubas), [2019] B.C.J. No. 997, British Columbia Court of Appeal, R. Goepel, J.E.D. Savage and P. Abrioux JJ.A., June 5, 2019. Digest No. TLD-July152019005