Can a strata corporation issue a special assessment not exceeding the amount specified in an expert’s estimate to complete the repairs?
British Columbia, Canada
The following excerpt is from Clarke v. The Owners, Strata Plan VIS770, 2009 BCSC 1415 (CanLII):
Similarly, in Browne et al v. the Owners, Strata Plan 582, 2007 BCSC 206, at paras. 34-36, 70 B.C.L.R. (4th) 102, Ralph J. authorized the strata corporation to issue a special assessment not exceeding the amount specified in the expert’s estimate. Any additional amount needed to complete the repairs would require a 3/4 majority approval or another court order. Ralph J. was clear that the order did not limit the strata corporation’s authority to determine how it would accomplish its obligation to make the repairs to the building envelope.
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