The Owners, Strata Plan VR 778
Ramin Azarnia
Law Firm / Organization
Harris & Brun Law Corporation
Lawyer(s)

Nazanin Aram

Linda Fanning
Law Firm / Organization
Self Represented
Ning Wei
Law Firm / Organization
Self Represented
Susan Yang
Law Firm / Organization
Self Represented
Owners, Strata Plan VR 778
Law Firm / Organization
Bleay Both Uppal LLP
Lawyer(s)

Geoffrey Trotter

  • Facts: The Strata Corporation of "The Owners, Strata Plan VR 778" sought court approval to impose a special levy of $1,255,000 to fund a roof replacement project at their annual general meeting held on March 9, 2022. The resolution, however, only received 55% of the vote, falling short of the required 75% majority .

  • Issue: The main legal question was whether the court should approve the resolution under s. 173 of the Strata Property Act, despite it not achieving the required majority vote at the AGM, based on its necessity for safety and to prevent significant loss or damage .

  • Court's Ruling: The court did not grant the approval for the special levy. It found significant procedural issues and evidence of manipulation of cost estimates by the Strata Council, which were not disclosed to the owners properly. The court criticized the Strata Council's handling of the information and its interactions with the owners concerning the roof replacement project .

  • Costs/Damages Awarded: The court's decision included an order for costs, favoring the respondents (the owners opposing the resolution) over the Strata Corporation, due to the Strata Corporation's misconduct in managing the proposal and related information .

Supreme Court of British Columbia
S224419
Real estate
Respondent