Can an administrator apply to the court for directions if the owners do not vote in favour of his recommendations?
British Columbia, Canada
The following excerpt is from Clarke v. The Owners, Strata Plan VIS770, 2008 BCSC 347 (CanLII):
It may be possible, although I confess to some doubt on the point in light of the reasoning in Aviawest, that the administrator may apply to the court for directions if the owners do not vote in favour of his recommendations. I am doubtful because that does not appear to me to be a power available to the corporation absent the requisite vote of the owners. Nonetheless, at least one judge of this court has varied an order to permit an administrator to return to the court in the event the owners did not approve a resolution requiring a three-quarters majority, although it does not appear to me that the point was argued in the case. See paras. 20-21 of Strata Plan 1086 v. Coulter, 2005 BCSC 1234. I am satisfied, however, that the administrator may appear, with or without counsel, on any application by an owner for relief.
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