173.1 Validity Of Suits And Arbitrations Undertaken By Strata Corporation

173.1 (1) The failure of a strata corporation to obtain an authorization required under section 171(2) or 172(1)(b) or the written consent of an owner under section 172(1)(a) in relation to a suit or an arbitration

• (a) does not affect the strata corporation’s capacity to commence a suit or arbitration that is otherwise undertaken in accordance with this Act,
• (b) does not invalidate a suit or arbitration that is otherwise undertaken in accordance with this Act, and
• (c) does not, in respect of a suit or arbitration commenced or continued by the strata corporation that is otherwise undertaken in accordance with this Act, constitute
  • (i) a defence to that suit or arbitration, or
  • (ii) an objection to the capacity of the strata corporation to commence or continue that suit or arbitration.

• (2) Despite any decision of a court to the contrary made before or after the coming into force of this section, subsection (1) applies to a suit and an arbitration commenced or continued before or after the coming into force of this section.
• (3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter merely because it makes no specific reference to that matter.

2003-96-62; 2004-67-37.