What is the share between owners and the developer of a phased development that is not yet complete?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan LMS 1495 v. 0753874 B.C. Ltd., 2015 BCSC 2124 (CanLII):
The usual sharing regime between owners and the developer in phased developments that are not yet complete was described by Mr. Justice Harris, as he then was, in The Owners, Strata Plan NES 97 v. Timberline Developments Ltd., 2010 BCSC 1811; aff’d 2011 BCCA 421. He stated that s. 227:
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