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164 (1) On application of an owner or tenant, the Supreme Court may make any interim or final order it considers necessary to prevent or remedy a significantly unfair

  • (a) action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant, or
  • (b) exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.
  • (2) For the purposes of subsection (1), the court may
  • (a) direct or prohibit an act of the strata corporation, the council, or the person who holds 50% or more of the votes,
  • (b) vary a transaction or resolution, and
  • (c) regulate the conduct of the strata corporation’s future affairs.

1998-43-164, effective July 1, 2000 (B.C. Reg. 43/2000).

Significantly Unfair Action Declared and Registration Ordered of Court Order, Amended Schedules of Unit Entitlement, and Schedule of Interest on Destruction

A claim before the Civil Resolution Tribunal had been brought to address an alleged overpayment of strata fees not in conformity with the strata plan’s unit entitlement system for calculating contributions. In the 1970s, several of the large strata lots had been re-subdivided into numerous smaller strata lots; pursuant to that statute, the re-subdivisions were not additional bodies corporate but members of the original strata plan. The court, providing remedies beyond the jurisdiction of the Tribunal, granted a declaration that the proposed adoption by the strata council of a schedule delivered to owners with the notice of annual general meeting constituted a significantly unfair action by or decision of the respondent strata corporation contrary to s. 164(1) of the Strata Property Act, and ordered amendment of the schedules of unit entitlement so that the unit entitlement of each strata lot would be the total area of both floors of that lot as set out in each of the strata plans, excluding the area of each lot’s patio. The court ordered registration of its order and any necessary appendixes at the land title office and that the registrar of land titles accept and register the order, any necessary appendixes, and the amended schedules of unit entitlement for three respective strata plans. The court also ordered registration of a schedule of interest on destruction setting out the interests of strata lot owners and their entitlement to proceeds upon a destructive event (Brown v. Strata Plan VR 42, VR 64, VR 153, 2022 BCSC 812).