15. SPA section 35(3) says records referred to in section 35 must be retained by the strata for the periods set out in the regulations. In The Owners, Strata Plan NWS 1018 v. Hamilton, 2019 BCSC 863 at paragraph 27, which was an appeal of a CRT decision, the court determined that the CRT’s decision to order production of documents not covered by SPA section 35 was inconsistent with existing case law, and was unreasonable. That decision is binding on me, so I find I lack jurisdiction to order access to records that are not covered by SPA section 35. Given section 35(3), I find section 35 only covers strata records that fall within the retention periods set out in the regulations, and I may only order the strata to provide those records.
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