Can a strata corporation sue as representative of the owners of the common property?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan K855 v. Big White Mountain Mart Ltd., 2016 BCSC 862 (CanLII):
Section 163 states: 163. (1) The strata corporation may be sued as representative of the owners with respect to any matter relating to the common property, common assets, bylaws or rules, or involving an act or omission of the strata corporation. Section 171 provides: 171. (1) The strata corporation may sue as representative of all owners, except any who are being sued, about any matter affecting the strata corporation, including any of the following matters (b) the common property or common assets; See in that regard Hamilton v. Ball, 2006 BCCA 243, and the cases cited there, particularly at para. 26.
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