What is the legal test for an action alleging that a section of land is defective and unenforceable?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan No. NW 651 v. Beck's Mechanical Ltd., 1980 CanLII 603 (BC SC):
As in Hanson v. Sponchia, the action is not a "non-amendable nullity". The defect can be cured either by obtaining the requisite consent and special resolution or by applying to join the owners as parties plaintiff, in which case there would be no need to rely on the Strata Titles Act.
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