Background:
The case involved a long-standing legal dispute over the management and governance of a strata corporation in Vernon, BC. The case stemmed from conflicts between SWS Marketing Inc. (controlled by Rene Gauthier) and strata unit owners, including Odin Zavier, regarding voting rights, unpaid strata fees, and bylaw enforcement.

Legal Issues:

• Whether the unpaid strata fees claimed by Strata Plan KAS 1886 could be collected from specific unit owners.

• Whether Rene Gauthier had a conflict of interest and should be removed as the strata’s representative.

• Whether the use of Bylaw 27(7), which allowed SWS to override votes, was significantly unfair under section 164 of the Strata Property Act.

• Whether the 2024 strata election results should be voided due to procedural unfairness.

Court’s Decision:

• The petitions for unpaid strata fees could proceed.

• Gauthier was not removed as the strata’s representative but could face future review.

• Bylaw 27(7) was upheld, as its use was not deemed significantly unfair.

• The challenge to the 2024 strata election was dismissed.

Costs and Awards:

• No specific monetary damages were awarded.

• Cost decisions were deferred for future determination.

The ruling reinforced strata governance principles, emphasizing contract enforcement and procedural fairness in strata disputes.