What are the implications of a strata plan in determining the best interests of the strata corporation?
British Columbia, Canada
The following excerpt is from Trinden Enterprises Ltd. v. The Owners, Strata Plan NW2406, 2020 BCCRT 964 (CanLII):
35. The best interests of the strata corporation may conflict with the interests of individual owners. The Courts have held that the ongoing efficacy of the strata corporation requires that the views of the majority be respected (see Oldaker v. The Owners, Strata Plan VR 1008, 2010 BCSC 776 at paragraph 40). Decisions may be unfair to a particular strata lot owner so long as that unfairness is not significant (Gentis v. Strata Plan VR368, 2003 BCSC 120).
36. The Courts have interpreted “significantly unfair” to mean conduct that is oppressive or unfairly prejudicial. “Oppressive” conduct has been interpreted as conduct that is burdensome, harsh, wrongful, lacking fair dealing or done in bad faith. “Prejudicial” conduct means conduct that is unjust and inequitable (Reid v. Strata Plan LMS 2503 2001 BCSC 1578, aff’d 2003 BCCA 126).
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