Can a strata corporation be held liable for failing to enforce its bylaws?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan LMS 3259 v. Sze Hang Holding Inc., 2016 BCSC 32 (CanLII):
That said, I find that a strata corporation’s discretion not to enforce the bylaws is limited. In this case, when considered objectively, the defendants, like other owners, had a reasonable expectation that the bylaws would be consistently enforced within the parameters established in the Act; Strachan v. Strata Corp. VR 574 (1992), 28 R.P.R. (2d) 279 (B.C.S.C.). This expectation would include an expectation that any fines would not be imposed in a discriminatory or unfairly prejudicial manner.
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