Strata Dispute Resolution (22:XV): Difference between revisions

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== B. Section 164 - Significantly Unfair Acts ==
== B. Section 164 - Significantly Unfair Acts ==


=== 6. Cases Decided under Section 164 ===
=== 6. Cases Decided under Section 164 ===

Revision as of 05:48, 20 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 24, 2023.



B. Section 164 - Significantly Unfair Acts

6. Cases Decided under Section 164

A few examples of cases decided under s 164 include:

Name of Case Issue Significantly Unfair?
Reid v Strata Plan LMS 2503, 2001 BCSC 1578 Strata council resolution giving the owners permission to place planters, etc. on common property patio not significantly unfair to owner whose windows looked over area No
Als v Strata Corp. NW 1067, 2002 BCSC 134 Strata council refused permission to rent strata lot; not significantly unfair No
Strata Plan VR 1767 v Steven Estate Ltd, 2002 BCSC 381 Assessment of contribution to costs of building envelope repair based on erroneous unit entitlement registered at the land titles office in the strata plan is significantly unfair Yes
McGowan v Strata Plan NW 1018, 2002 BCSC 936 Bylaw allowing balcony enclosure; different treatment of some owners justified by safety issues No


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