Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation?
British Columbia, Canada
The following excerpt is from Omnicare Pharmacy Ltd. v. The Owners, Strata Plan LMS 2854, 2017 BCSC 256 (CanLII):
. . . Section 128 recognizes that different uses of lots within a Strata Corporation may invoke different interests, and that those interests must be separately recognized for the purpose of voting on proposed bylaw amendments. In Butterfield v. The Owners Strata Plan LMS 1277, 2000 BCSC 1110, Mr. Justice Preston recognized that one of the purposes of s. 128 was to “protect” residential and nonresidential groups from each other.
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