What is the legal test for establishing a section in the Owner Developer's Condominium Act?
British Columbia, Canada
The following excerpt is from Borland-Spry v. The Owners, Strata Plan EPS4534, 2021 BCCRT 339 (CanLII):
20. The owner developer (developer) created sections under Part 11 of the SPA. As described in Lim v. Strata Plan VR2654, 2001 BCSC 1386 a section is essentially a “mini-strata corporation”. It has the same duties and powers as the strata corporation on matters that relate solely to that section. However, the strata corporation still retains its powers and duties over matters of common interest to all owners.
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