In what circumstances will a court issue a special levy to repair a damaged or damaged property?

In Enefer v. Strata Plan LMS 1564, 2005 BCSC 1866, Taylor J. also issued a special levy in circumstances where he found the repairs were necessary but the owners were in a deadlock position. There were competing factions in Enefer that prevented each faction from raising the requisite majority support. Of significance, both the petitioners and the respondent acknowledge there are also competing factions in the instant case. Moreover, there is clearly a deadlock and an inability to agree among the owners of Gardenia Villa in regard to the amount of the levy that ought to be approved to fund the necessary repairs.

In Browne et al v. The Owners of Strata Plan 582, 2007 BCSC 206, a levy order was issued when the owners, as in this case, took some steps to address water damage but were not able to agree on a more extensive plan to fix the problem. The difficulties in Browne, as in this case, also included the fact that although motions for special levies to carry out building envelope repairs were put to the owners, the necessary 3/4 majority vote was not obtainable.