The Strata Plan (22:IV): Difference between revisions
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→1. Changing Unit Entitlement
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In [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1772/2018bcsc1772.html ''King Day Holdings Ltd. v The Owners, Strata Plan LMS3851 (Re)'', 2018 BCSC 1772] (affirmed in [https://www.canlii.org/en/bc/bcca/doc/2020/2020bcca342/2020bcca342.html 2020 BCCA 342]), the court overturned two special levies for being significantly unfair to King Day Holdings Ltd., even though the levies were passed by the respondent strata corporation at its annual general meeting. | In [https://www.canlii.org/en/bc/bcsc/doc/2018/2018bcsc1772/2018bcsc1772.html ''King Day Holdings Ltd. v The Owners, Strata Plan LMS3851 (Re)'', 2018 BCSC 1772] (affirmed in [https://www.canlii.org/en/bc/bcca/doc/2020/2020bcca342/2020bcca342.html 2020 BCCA 342]), the court overturned two special levies for being significantly unfair to King Day Holdings Ltd., even though the levies were passed by the respondent strata corporation at its annual general meeting. | ||
Ultimately, it is rare that a strata corporation dividing expenses by unit entitlement will create significantly unfair results. The fact that an owner must contribute towards expenses that disproportionately do not benefit them is insufficient by itself to constitute significant unfairness and is simply part of strata living: see [https:// | Ultimately, it is rare that a strata corporation dividing expenses by unit entitlement will create significantly unfair results. The fact that an owner must contribute towards expenses that disproportionately do not benefit them is insufficient by itself to constitute significant unfairness and is simply part of strata living: see [https://canlii.ca/t/jvkdc ''Smith v The Owners, Strata Plan KAS 2503'', 2023 BCCRT 146]. | ||
Strata corporations are required to disclose such court judgments in their Information Certificates under section 59(3)(j) of the ''SPA'', although the judgment binds purchasers even if the Information Certificate fails to disclose this information. | Strata corporations are required to disclose such court judgments in their Information Certificates under section 59(3)(j) of the ''SPA'', although the judgment binds purchasers even if the Information Certificate fails to disclose this information. | ||