What is the focus under s. 164 of the BC Strata Plan on the conduct of the strata corporation?
British Columbia, Canada
The following excerpt is from Oldaker v. The Owners, Strata Plan VR 1008, 2010 BCSC 776 (CanLII):
More recently, Mr. Justice Smith, in Liverant v. The Owners, Strata Plan VIS-5996, 2010 BCSC 286, confirmed that the focus under s. 164 is on the “conduct of the strata corporation, not on the consequences of that conduct.” Smith J. went on to conclude, at para. 22, that “[d]irect compliance with a specific provision of the governing legislation cannot, by definition, be significantly unfair.”
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