The main issue was whether a special levy for repairs that failed to obtain a 3/4 majority approval (received only 62%) could be enforced. The Strata Plan 259 sought court approval for Resolution 8, which involved replacing sliding doors, funded by a special levy as permitted under the Strata Property Act (SPA), Section 173.
The court needed to decide if it could approve the resolution that did not meet the required super-majority but was necessary to prevent significant loss or damage.
Judgment:
The court granted the petition, allowing the strata corporation to proceed with the repairs as if the resolution had received the required majority.
This decision was based on the understanding that the repairs were necessary to prevent significant economic and physical damage, and the SPA Section 173(2) aims to resolve deadlocks in such decisions by enabling court intervention.
Costs and Awards:
Costs were awarded to the petitioner, The Owners, Strata Plan 259. The exact total amount of the costs awarded was not specified in the document, but they were charged against those unit owners who opposed the petition and were named respondents in the response filed on July 31, 2023.
