Omnicare Pharmacy Ltd. v. The Owners, Strata Plan LMS 2854
This recent decision of the BC Supreme Court illustrates the critical importance of strata councils ensuring that their by-laws are valid, particularly in mixed stratas where residential and non-residential (commercial) owners have separate enforceable voting rights under the Act.
The Strata Property Act ensures that when it comes to passing or amending the by-laws, each group votes separately and if there is no separate vote, the by-laws that the strata thinks it has passed, are invalid.
Invalid by-laws cannot be enforced and a strata council will be left ‘toothless’ when it comes to trying to discourage non-compliant behaviour by particular owners.
MORE RESOURCES
Downtown Eastside pharmacy fined ‘unfairly’ by strata, judge rules
Read the full BC Supreme Court decision
If you have questions about your strata by-laws, contact us.