Can a strata corporation commence a representative action under ss 171 and 172?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight, 2007 BCSC 948 (CanLII):
Cohen J. considered ss. 171 and 172 in Strata Plan LMS 888 v. Coquitlam (City), 2003 BCSC 941, supp. reasons 2003 BCSC 1311. He held that (i) a strata corporation’s right to commence a representative action does not exist outside ss. 171 and 172, (ii) a strata corporation must obtain a 3/4 vote before it commences a representative action and its right to commence such an action does not arise until the vote is obtained, and (iii) if a representative action is commenced before the vote is obtained, it is a nullity.
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