Is there any case law where a strata corporation improperly allowed the retail section to amend its bylaws?
British Columbia, Canada
The following excerpt is from Parpia v. The Owners, Strata Plan LMS 94, 2021 BCCRT 575 (CanLII):
24. In Li v. The Owners, Strata Plan EPS1069, 2021 BCCRT 355, an owner claimed that a strata corporation improperly allowed the retail section to amend its bylaws. In determining whether the claim was out of time, a CRT member found that the bylaws were amended by a ¾ vote resolution at an annual general meeting and were documented in the minutes from that meeting. The CRT member found that the owner knew or should have known about the bylaw amendment on the date the strata sent the minutes to the owner. They found that since the owner started the claim more than 2 years after receiving the minutes, their claim was out of time.
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