52 Unanimous Votes

52 (1) This section applies only to strata corporations comprised of 10 or more strata lots.

• (2) If a resolution required to be passed by a unanimous vote under this Act is supported by all of the strata corporation’s votes except for

• (a) the vote in respect of one strata lot, in a strata corporation comprised of at least 10 strata lots, or
• (b) the votes in respect of more than one strata lot, if those votes together represent less than 5% of the strata corporation’s votes,

• the strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting, apply to the Supreme Court for an order under subsection (3).
• (3) On application under subsection (2), the court may, if satisfied that the passage of the resolution is in the best interests of the strata corporation and would not unfairly prejudice the dissenting voter or voters, make an order providing that the vote proceed as if the dissenting voter or voters had no vote.
• (4) In making an order under subsection (3), the court may make any other order it considers just, including an order that the strata corporation offer to purchase a strata lot owned by a dissenting voter at its fair market value or that the strata corporation otherwise compensate a dissenting voter.

1999-21-12, effective July 1, 2000 (B.C. Reg. 43/2000); 2007-14-208, effective December 1, 2007 (B.C. Reg. 354/2007).