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171 Strata Corporation May Sue As Representative Of All Owners

In This Volume

171 (1) The strata corporation may sue as representative of all owners, except any who are being sued, about any matter affecting the strata corporation, including any of the following matters:

  • (a) the interpretation or application of this Act, the regulations, the bylaws or the rules;
  • (b) the common property or common assets;
  • (c) the use or enjoyment of a strata lot;
  • (d) money owing, including money owing as a fine, under this Act, the bylaws or the rules.
  • (2) Before the strata corporation sues under this section, the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.
  • (3) For the purposes of the 3/4 vote referred to in subsection (2), a person being sued is not an eligible voter.
  • (4) The authorization referred to in subsection (2) is not required for a proceeding under the Small Claims Act against an owner or other person to collect money owing to the strata corporation, including money owing as a fine, if the strata corporation has passed a bylaw dispensing with the need for authorization, and the terms and conditions of that bylaw are met.
  • (5) All owners, except any being sued, must contribute to the expense of suing under this section.
  • (6) A strata lot’s share of the total contribution to the expense of suing is calculated in accordance with section 99(2) or 100(1) except that
  • (a) an owner who is being sued is not required to contribute, and
  • (b) the unit entitlement of a strata lot owned by an owner who is being sued is not used in the calculations.

1998-43-171, effective July 1, 2000 (B.C. Reg. 43/2000); 2007-14-189, effective December 1, 2007 (B.C. Reg. 354/2007).