Can a strata council in Vancouver approve a request to change the appearance and use of a property under bylaw 9.23.1?

British Columbia, Canada

The following excerpt is from Macquisten v. The Owners, Strata Plan K466, 2021 BCCRT 1265 (CanLII):

23. SPA section 71 means that a strata council does not have discretionary authority to approve an alteration to CP that will result in a significant change of appearance or use. The decision must be made by a ¾ vote of the ownership. I find section 71 applies equally to an owner’s request to change CP under bylaw 9.1 (see Foley v. The Owners, Strata Plan VR 387, 2014 BCSC 1333).

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