Does s. 173.1 of the BC Strata Plan Act, which bars a strata corporation from bringing a representative action until after the limitation period has expired?
British Columbia, Canada
The following excerpt is from Strata Plan NW 499 v. Kirk, 2015 BCSC 1487 (CanLII):
He argued that s. 173.1 was adopted in response to the result in Owners, Strata Plan LMS 888 v. Coquitlam (City), 2003 BCSC 941 where the strata corporation commenced an action without the proper authority and by the time the issue was raised, the limitation period had passed. The amendment was intended to obviate the expiry of limitation periods because the right to commence a representative action did not exist outside ss. 171 or 172 of the Act.
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