What is the test for an owner's reasonable expectations under a Strata Plan BCS 1589?
British Columbia, Canada
The following excerpt is from D’Onofrio v. The Owners, Strata Plan LMS 895, 2021 BCCRT 1033 (CanLII):
32. In considering an owner’s reasonable expectations the courts have applied the following test from Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44: a. What was the applicants’ expectation? b. Was the expectation objectively reasonable? c. Did the strata violate that expectation with a significantly unfair action or decision?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
Can an owner of a strata without the strata's approval to install a hot water heater without the approval of the Strata? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
If the owners of a duplex jointly agree to work as a functional strata for the rest of the year, can the owners then seek a court order appointing an administrator to run the strata? (British Columbia, Canada)
Does s. 118(a) of the Statutory Guidelines for "reasonable legal costs" apply to a strata corporation in registering and enforcing a lien against a delinquent unit owner? (British Columbia, Canada)
Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act? (British Columbia, Canada)
What is the test for determining whether a strata has met reasonable expectations under a BCS plan? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
