What is the test for the Court of Appeal to determine whether a strata can be found to be performing its repair and maintenance duties under a Strata Plan?
British Columbia, Canada
The following excerpt is from Noonan v. The Owners, Strata Plan 285, 2022 BCCRT 178 (CanLII):
24. In performing its repair and maintenance duties, the strata must act reasonably in the circumstances. Repairs may involve “good, better or best” solutions. The standard the strata must meet in performing this duty is reasonableness, not perfection. Courts (and by extension, the CRT) should be cautious before inserting themselves into the process. See Weir v. Owners, Strata Plan NW 17, 2010 BCSC 784 at paragraphs 23 to 32.
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