Strata Dispute Resolution (22:XV)
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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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