What is the effect of an inspector's report on the maintenance and repair obligations of a strata corporation?

British Columbia, Canada


The following excerpt is from McKnight v Bourque, 2018 BCSC 1342 (CanLII):

However, consistent with the decisions of this Court in Sterloff v. Strata Corp. of Strata Plan No. VR 2613 (1994), 38 R.P.R. (2d) 102 (B.C.S.C.) and Browne et al. v. The Owners, Strata Plan 582, 2007 BCSC 206 at para. 30, I am of the view that orders of the nature made in this case, including ones that are prospective, must not unreasonably interfere with the strata corporation's ultimate discretion on how best to manage its maintenance and repair obligations, as informed by an inspector's recommendations. The corporation, even when functioning under the authority of one owner, should be entitled to determine which of the outside recommendations to implement and how, recognizing that it has an obligation to conduct itself in the best interests of all owners.

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