Not exact matches
It came to light when Dehsabzi filed a summons in the Supreme Court
of NSW against the apartment's
Owners Corporation
Strata Plan, a group
of residents who are trying to stop him fitting out and trading from one
of the units as a Domino's Pizzeria.
The tournament was the idea
of English entrepreneur Reg Lambourne,
Strata Travel
owner Tom Lawrence and Red Star Belgrade FC Secretary General Dr Miroljub Stojkovic and consisted
of two competitions.
A fee paid by property
owners for the management
of the common property
of buildings established under a
strata title.
According to the
owner of local NYC greenhouse operator
Strata Farms, the option
of CO2 from the atmosphere seems like a no - brainer, and an important fit for the growing indoor agriculture movement.
Panel member Tony Gioventu, ED
of the Condominium Home
Owners» Association
of BC, described how the CRT will assist with
strata disputes.
In his general litigation practice, Michael advises and represents
strata property managers, strata corporations and strata owners in a wide variety of disputes under the Strata Property Act and under the home warranty and REDMA provi
strata property managers,
strata corporations and strata owners in a wide variety of disputes under the Strata Property Act and under the home warranty and REDMA provi
strata corporations and
strata owners in a wide variety of disputes under the Strata Property Act and under the home warranty and REDMA provi
strata owners in a wide variety
of disputes under the
Strata Property Act and under the home warranty and REDMA provi
Strata Property Act and under the home warranty and REDMA provisions.
Joint ownership
of property whether it be in joint tenancy, tenants - in - common, or as a
strata owner in a complex, is becoming increasingly common and more complex as time goes on.
The British Columbia Supreme Court recently ordered a condominium unit
owner to cease smoking in his unit in contravention
of the
strata corporation's...
While non-affected
owners are not required to contribute to the cost
of the litigation, it is reasonable to expect that litigation - averse individuals would vote against the resolution regardless, so as to minimize the litigation pursed by the
strata.
The Court
of Appeal's decision confirms that
strata owners can pursue
strata - related claims as a class action.
Description: Class actions by individual
strata lot owners were permitted under the Class Proceedings Act, despite representative action provisions of the Strata Propert
strata lot
owners were permitted under the Class Proceedings Act, despite representative action provisions
of the
Strata Propert
Strata Property Act.
Sections 171 and 172
of the
Strata Property Act, S.B.C. 1998, c. 43, permitted a strata corporation to bring an action on behalf of and as a representative of o
Strata Property Act, S.B.C. 1998, c. 43, permitted a
strata corporation to bring an action on behalf of and as a representative of o
strata corporation to bring an action on behalf
of and as a representative
of owners.
One recent notable case was last year's The
Owners,
Strata Plan LMS 1751 v. Scott Management Ltd. at the British Columbia Court
of Appeal.
[6] That case involved the
owner's contravention
of the
strata corporation's no - smoking bylaw and did not involve any monetary amount.
In the B.C. case, unit
owners were forced to sell their unit not because they were a threat to other residents (which we have seen in other cases) but because the unit
owners continued to bring court proceedings one after another for 6 years because
of a disagreement between the unit
owners and the
Strata Corporation over parking regulations.
In The
Owners,
Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute, strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue rea
Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures
of statute,
strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue rea
strata corporations were not «government» for the purposes
of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue reading →
A recent decision on the Supreme Court
of British Columbia has dismissed a
strata property owner's constitutional challenges to certain provisions of the Strata Propert
strata property
owner's constitutional challenges to certain provisions
of the
Strata Propert
Strata Property Act.
Special costs are awarded to the Respondents (The
Owners,
Strata Plan LMS3259, Hanson Laud, John Wong, Sammy Chung, Martin Li and Billy Chui) after the Appellants (Mr. Leon Lam, Sze Hang Holding Inc., Extra Gift Exchange Inc. and Richmond Liquidation Sales) resort to «attacks» on the reputation
of their opponents.
The
Strata Property Act used to require the consent of all of the owners to terminate a strata corporation (although the court could allow termination with less than unanimous consent in some circumsta
Strata Property Act used to require the consent
of all
of the
owners to terminate a
strata corporation (although the court could allow termination with less than unanimous consent in some circumsta
strata corporation (although the court could allow termination with less than unanimous consent in some circumstances).
Actually, there was consultation and plenty
of it... with
strata owners and the associations that represent them.
14.1 For the purposes
of sections 241 and 242
of the Act, «previously occupied» means occupied at any time in its past for any purpose, including residential, commercial, institutional, recreational or industrial use, but does not include the occupation
of a proposed
strata lot by the
owner developer solely as a display lot for the sale
of strata lots in the proposed
strata plan.
5.2 For the purposes
of section 88 (2)
of the Act, a purchaser
of a
strata lot from an
owner developer must retain a holdback
of 7 %
of the gross purchase price.
I / We,... [name (s)-RSB-, the
owner (s) / tenant (s) / mortgagee
of the
strata lot described above, appoint... [name
of appointee] to act as my / our proxy at the annual or special general meeting to be held on... [month day, year].
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that a resolution referred to in section... [section number] of the Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
Strata Plan... [the registration number
of the
strata plan] certify that a resolution referred to in section... [section number] of the Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
strata plan] certify that a resolution referred to in section... [section number]
of the
Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
Strata Property Act or section... [section number]
of the
Strata Property Regulation was passed by
Strata Property Regulation was passed by a....
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that a resolution referred to in section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
Strata Plan... [the registration number
of the
strata plan] certify that a resolution referred to in section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
strata plan] certify that a resolution referred to in section 269
of the
Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agreement.
(b) the
owner developer must calculate the contribution to the contingency reserve fund required under section 12
of the Act as a percentage
of the estimated annual operating expenses as set out in the interim budget for the new phase
of the
strata plan only;
2 The residential
strata lots described below are rented out by the
owner developer as
of the date
of this statement and the
owner developer intends to rent out each
strata lot until the date set out opposite its description.
5.1 (1) An
owner who wishes to decrease the habitable part
of the area
of a residential
strata lot without amending the Schedule
of Unit Entitlement need not comply with the requirements set out in section 70 (4)
of the Act.
3 In addition to the number
of residential
strata lots rented out by the
owner developer as
of the date
of this statement, the
owner developer reserves the right to rent out a further... [number] residential
strata lots, as described below, until the date set out opposite each
strata lot's description.
13.5 (1) At the annual general meeting held under section 230
of the Act, 2 additional members
of the council must be elected from the
owners of strata lots in the new phase to hold office until the next annual general meeting
of the
strata corporation.
(a) in respect
of the application
of section 12
of the Act, the
owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund
of the
strata corporation established by the deposit
of the first phase
of the phased
strata plan,
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the attached resolution was passed und
Strata Plan... [the registration number
of the
strata plan] certify that the attached resolution was passed und
strata plan] certify that the attached resolution was passed under....
3.2 (1) For the purposes
of section 20 (2)(a)(vi)
of the Act, the
owner developer must give the
strata corporation the names and addresses
of
(2) If a
strata plan was deposited under the Condominium Act, and the
owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions
of the Condominium Act were still in force, section 17 (b)
of the Act does not apply.
(2) For the purposes
of section 195
of the Act, but subject to a resolution under section 100
of the Act, if a contribution to the operating fund relates to and benefits only one type
of strata lot in a section, and that type is identified as a type
of strata lot in the bylaws
of the section, the contribution is shared only by
owners of strata lots
of that type, and each
strata lot's share
of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195
of the Act:
(b) in respect
of the application
of section 12
of the Act, the
owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund
of the
strata corporation established by the deposit
of the first phase
of the phased
strata plan,
(b) include a description and estimated service life over 30 years
of those items that comprise the common property, the common assets and those parts
of a
strata lot or limited common property, or both, that the
strata corporation is responsible to maintain or repair under the Act, the
strata corporation's bylaws or an agreement with an
owner, including, but not limited to, the following items:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the attached document (s) referred to in section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
Strata Plan... [the registration number
of the
strata plan] certify that the attached document (s) referred to in section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
strata plan] certify that the attached document (s) referred to in section 283
of the
Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day, year].
1 The
owner of the
strata lot described below has failed to pay the strata corporation one or more of the amounts owing under section 116 of the Strata Propert
strata lot described below has failed to pay the
strata corporation one or more of the amounts owing under section 116 of the Strata Propert
strata corporation one or more
of the amounts owing under section 116
of the
Strata Propert
Strata Property Act.
11.3 (1) For the purposes
of section 195
of the Act, but subject to a resolution under section 100 or 108 (2)(b)
of the Act, if a section has, by a bylaw passed under section 72 (3)
of the Act, taken responsibility for the repair and maintenance
of specified portions
of some but not all
of the
strata lots in the section, a contribution to the operating fund or a special levy in respect
of the repair or maintenance
of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share
of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195
of the Act:
13.3 (1) Despite section 100
of the Act, if an
owner developer is in compliance with the dates for the beginning
of construction
of each phase as set out in the Phased
Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration or amended Phased
Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration, the
strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata corporation established by the deposit
of a phased
strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata plan may not pass a resolution under that section until the annual general meeting held following the deposit
of the final phase or until an election not to proceed under section 235 or 236 (2)
of the Act, unless the
strata corporation obtains the written consent of the owner deve
strata corporation obtains the written consent
of the
owner developer.
(2) The
strata corporation must inform
owners as soon as feasible
of the amount and purpose
of any loan made under this section.
6.4 (1) For the purposes
of section 99
of the Act, but subject to a resolution under section 100
of the Act, if a contribution to the operating fund relates to and benefits only limited common property, the contribution is shared only by
owners of the
strata lots entitled to use the limited common property, and each
strata lot's share
of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2)
of the Act:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
Strata Plan... [the registration number
of the
strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
strata plan] certify that the following or attached amendments to the bylaws
of the
strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
strata corporation were approved by a resolution passed in accordance with section 128
of the
Strata Property Act at an annual or special general meeting held on... [month day, ye
Strata Property Act at an annual or special general meeting held on... [month day, year] *:
(2) Despite any provision
of the Act, if an
owner developer is in compliance with the dates for the beginning
of construction
of each phase as set out in the Phased
Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration or amended Phased
Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration, a
strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata corporation established by the deposit
of a phased
strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any
of the following matters until the annual general meeting held following the deposit
of the final phase or until an election not to proceed under section 235 or 236 (2)
of the Act, unless the
strata corporation obtains the written consent of the owner deve
strata corporation obtains the written consent
of the
owner developer:
(2) If the new phase consists
of only one
strata lot or
of strata lots owned by only one or 2
owners, that
owner or those
owners are deemed to be elected under subsection (1), if that
owner or those
owners consent.
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Plan... [the registration number
of the
strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
strata plan] certify that the information contained in this certificate with respect to
Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Lot... [
strata lot number as shown on strata plan] is correct as of the date of this certif
strata lot number as shown on
strata plan] is correct as of the date of this certif
strata plan] is correct as
of the date
of this certificate.
6.5 (1) For the purposes
of section 99
of the Act, but subject to a resolution under section 100 or 108 (2)(b)
of the Act, if a
strata corporation has, by a bylaw passed under section 72 (3)
of the Act, taken responsibility for the repair and maintenance
of specified portions
of some but not all
of the
strata lots, a contribution to the operating fund or a special levy in respect
of the repair or maintenance
of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share
of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2)
of the Act:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify under section 115 of the Strata Property Act that the owner of the strata lot descri
Strata Plan... [the registration number
of the
strata plan] certify under section 115 of the Strata Property Act that the owner of the strata lot descri
strata plan] certify under section 115
of the
Strata Property Act that the owner of the strata lot descri
Strata Property Act that the
owner of the
strata lot descri
strata lot described as
And once a complex
strata is up and running, the
owners of strata lots being used for different purposes often have different ideas about how to spend the
strata's money and how to operate the
strata.