Does the Use Bylaw restrict devolution, transferring, leasing or mortgaging of any strata lot?
British Columbia, Canada
The following excerpt is from Kok v. Strata Plan Lms 463 (Owners), 1999 CanLII 6382 (BC SC):
In addition, there is no evidence demonstrating that the Use Bylaw restricts the devolution, transferring, leasing or mortgaging of any strata lot. In Marshall v. Strata Plan No. NW 2584,[4] the strata corporation passed a bylaw providing that only persons at least 55 years old could reside in the development. Henderson J. held that expert evidence was necessary to demonstrate that the age bylaw restricted the value of the strata lot and he declined to give effect to the argument.
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