Can a strata council issue a no contact letter?
British Columbia, Canada
The following excerpt is from Floro v. The Owners, Strata Plan NW2847, 2021 BCCRT 208 (CanLII):
44. In Kunzler v. The Owners, Strata Plan EPS 1433, 2020 BCSC 576, the court determined that the reasonable expectations portion of the test may not be appropriate in all circumstances, but that it may make sense when a strata council is exercising its discretionary authority. I find that issuing the no contact letter was discretionary and will therefore consider the reasonableness of the applicants’ expectations.
"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
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)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
Can a strata council be held to account for the actions of its own members when dealing with an issue of water ingress? (British Columbia, Canada)
Can a Strata be ordered to pay to restore a strata lot to paint ready condition where it has repaired or repaired CP units that were deliberately removed to resolve CP issues? (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)
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)
In the absence of evidence or material addressing matters so relevant to the issue before council, is it possible to say that a decision made by the City Council was not based upon or activated by an improper or incorrect assumption? (British Columbia, Canada)
Can a vote by email be held at a meeting of a strata council to resolve disputes over 2 separate issues? (British Columbia, Canada)
Can a strata corporation correct a bylaw violation by issuing a new letter to the offending owner? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
