Is a Strata's legal counsel refusing to provide documents requested under Section 35(2)(k) of the SPA?
British Columbia, Canada
The following excerpt is from Welsh v. The Owners, Strata Plan 962, 2021 BCCRT 634 (CanLII):
35. In a December 14, 2020 letter, the strata’s legal counsel declined to provide some of the documents requested, including correspondence between strata council members. As noted in Kayne v. The Owners, Strata Plan LMS 2374, 2007 BCSC 1610 at paragraphs 16 to 22, SPA section 35(2)(k) does not require the strata to provide that type of correspondence. The strata also correctly noted that it was not required to provide oral complaints for which there were no written records.
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