Can a strata corporation bring an action for breach of the terms of its Bylaw 4 agreement against Winchester?
British Columbia, Canada
The following excerpt is from Winchester Resorts Inc. v. Strata Plan KAS2188 (Owners), 2002 BCSC 1165 (CanLII):
In Reid v. The Owners, Strata Plan LMS 2503, 2001 BCSC 1578, Madam Justice Sinclair Prowse at para. 13 held that an action, to be significantly unfair, had to be burdensome, harsh, wrongful, lacking in probity or fair dealing, has been done in bad faith, and/or has been unjust and inequitable. I find the strata corporation's action in passing Bylaw 4 to be wrongful and significantly unfair against Winchester.
"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
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)
Does s. 173.1 of the BC Strata Plan Act, which bars a strata corporation from bringing a representative action until after the limitation period has expired? (British Columbia, Canada)
Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
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)
Can a strata corporation impose a fine on a non-strata corporation? (British Columbia, Canada)
What is the test for indemnification of a director who has been found to have breached the terms of an indemnity agreement? (British Columbia, Canada)
Can a strata corporation commence a representative action under ss 171 and 172? (British Columbia, Canada)
Can a strata corporation be held liable for negligence or breach of contract for failing to hire a professional to perform repairs? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
