Can a court order a special levy, on application by an administrator, after the owners have voted down a special resolution?
British Columbia, Canada
The following excerpt is from Clarke v. The Owners, Strata Plan VIS770, 2009 BCSC 1415 (CanLII):
That result is not consistent with the outcome in other cases that I have now considered. I observe that counsel did not challenge the court’s power to impose a special levy, on application by an administrator, after the owners have voted down a special resolution. In my initial reasons, at para. 49, I referred to Strata Plan 1086 v. Coulter, 2005 BCSC 1234, where the court exercised that power. There is, I am now aware, considerable additional precedent for the court ordering a special levy even though a special levy ordinarily requires the owners to pass a special resolution.
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