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


The following excerpt is from Zolnierczyk v. The Owners, Strata Plan NW 1286, 2020 BCCRT 553 (CanLII):

29. I find the strata is entitled to prioritize its necessary repairs within its budget, even if this puts some owners interests ahead of others. I find the fact that a minority of owners may be outvoted does not on its own justify tribunal intervention in democratic strata governance (see discussion in Oldaker v. The Owners, Strata Plan VR 1008, 2010 BCSC 776 and Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44 at paragraph 43). I find in the circumstances, it would be inappropriate to intervene in the strata’s normal democratic process to order the strata to replace the carpet now or by some future date. I find the strata is entitled to consider whether and how maintenance and repairs will be done so long as it acts reasonably and in the best interest of all owners. Therefore, I decline to order the strata to replace the carpet.

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)
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)
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 obligated to replace or replace carpet in a common hallway and stairway? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (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)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Is a strata liable to reimburse an owner for expenses incurred to repair the interior of the strata lot? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.