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278.1 Confirmation By Court Of Winding-up Resolution

In This Volume

278.1 (1) A strata corporation that passes a winding-up resolution in accordance with section 277, if the strata plan has 5 or more strata lots,

  • (a) may apply to the Supreme Court for an order confirming the resolution, and
  • (b) must do so 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 interest 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,
      • (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, or
      • (C) other creditors, and
    • (ii) significant confusion and uncertainty in the affairs of the strata corporation or of the owners.

2015-40-52, effective July 28, 2016 (B.C. Reg. 206/2016).


In Dubas v. Strata Plan VR 92, 2019 BCCA 196, the court upheld the chambers judge’s decision that the Strata Property Act does not require a supermajority vote of owners to authorize the strata council to retain a realtor to solicit offers for the sale of the strata complex, and that ss. 277 and 278.1 provide sufficient protection for the rights of minority owners in their requirement of an 80% vote and court approval of a winding-up resolution.