Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type?
British Columbia, Canada
The following excerpt is from Biel v. The Owners, Strata Plan VR1960, 2021 BCCRT 635 (CanLII):
29. I accept that the owner had an expectation that strata council positions would not be allotted by strata lot type. However, I find that bylaw 16.1 did not significantly unfairly violate that expectation. In Kunzler v. The Owners, Strata Plan EPS 1433, 2020 BCSC 576, the court found that the passage of new bylaws by the majority of owners was not significantly unfair. Similarly, in this dispute bylaw 16.1 was amended by a 3/4 vote of the owners and, as stated above, I find that the bylaw does not contravene the SPA. I find that the owner has not proved that the strata acted oppressively or was unfairly prejudicial in amending bylaw 16.1. So, I dismiss this claim.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a strata council investigate a complaint that the strata has contravened a bylaw? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
If the owners of a duplex jointly agree to work as a functional strata for the rest of the year, can the owners then seek a court order appointing an administrator to run the strata? (British Columbia, Canada)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
Can a strata corporation correct a bylaw violation by issuing a new letter to the offending owner? (British Columbia, Canada)
Can an owner of a strata without the strata's approval to install a hot water heater without the approval of the Strata? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can a strata council investigate a complaint of a contravention of a bylaw? (British Columbia, Canada)
