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273.1 Confirmation By Court Of Winding-up Resolution

In This Volume

273.1 (1) A strata corporation that passes a winding-up resolution in accordance with section 272

  • (a) may apply to the Supreme Court for an order confirming the resolution, and
  • (b) must do so, if the strata plan has 5 or more strata lots, within 60 days after the resolution is passed.
  • (2) For certainty, the failure of a strata corporation to comply with subsection (1)(b) does not prevent the strata corporation from applying under subsection (1)(a) or affect the validity of a winding-up resolution.
  • (3) A record required by the Supreme Court Civil Rules to be served on a person who may be affected by the order sought under subsection (1) must, without limiting that requirement, be served on the owners and registered charge holders identified in the conversion schedule.
  • (4) On application by a strata corporation under subsection (1), the court may make an order confirming the winding-up resolution.
  • (5) In determining whether to make an order under subsection (4), the court must consider
  • (a) the best interests of the owners, and
  • (b) the probability and extent, if the winding-up resolution is confirmed or not confirmed, of
    • (i) significant unfairness to one or more
      • (A) owners, or
      • (B) holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, and
    • (ii) significant confusion and uncertainty in the affairs of the strata corporation or of the owners.

2015-40-48, effective July 28, 2016 (B.C. Reg. 206/2016).