In Kent v. Panorama Mountain Village Inc., 2021 BCCA 332, the BC Court of Appeal overturned a lower court decision and found that a restrictive covenant requiring owners of a strata unit to rent to the public only through a centralized rental management system was in fact enforceable.
The petitioners own a strata unit in a complex at the Panorama Resort. A restrictive covenant ...
In King Day Holdings Ltd. v. The Owners, Strata Plan LMS3851[1], the general rule that strata owners are “all in it together” gave way to fairness considerations and King Day Holdings Ltd. (“King Day”) reigned supreme in its claim that the strata council’s allocation of strata fees based on unit entitlement was significantly unfair.
Strata Plan LMS3851 consists ...
The British Columbia Court of Appeal recently released its decision in Hunt v. The Owners, Strata Plan LMS 25556, 2018 BCCA 159, reaffirming the longstanding maxim that “justice must not only be done, it must be seen to be done.”
The Hunt decision arises out of arbitration over concerns about the installation of a heating, ventilation and air conditioning unit between ...
In my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell. For a period of years, the Jordisons continually behaved in an obnoxious and outlandish manner towards their neighbors. To try to stop them, the strata council levied fines totaling over $20,000 for their ongoing and flagrant ...
In an earlier blog I discussed a B.C. Supreme Court decision involving problem strata owners who had, for years, defied efforts by the strata council to moderate their outrageous conduct. The case was significant because the court ordered the strata unit sold as the only reasonable means of addressing the problems created by its owners. The court held that it had ...
As any strata owner knows, an obstreperous unit owner can make everyone else’s life hell. Keith Fraser, in a recent article in The Province reported on a B.C. Supreme Court ruling ordering problem strata owners to sell their unit as a result of their outrageous conduct. The decision is interesting for two reasons. First, it encourages strata councils to seek redress from ...
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