Can a Strata Corporation become so polarized that it could not effectively operate without all of its future voting by the court pursuant to s. 164 of the Strata Act?
British Columbia, Canada
The following excerpt is from Azura Management (Kelowna) Corp. v. The Owners, Strata Plan KAS 2428, 2010 BCCA 474 (CanLII):
In regard to the first argument raised by the appellant, while I am not prepared to rule out the possibility that the affairs of a Strata Corporation might become so polarized that it could not effectively operate without the regulation of all of its future voting by a court pursuant to s. 164, that section must be read in conjunction with ss. 128 and 193. Section 128 recognizes that different uses of lots within a Strata Corporation may invoke different interests, and that those interests must be separately recognized for the purpose of voting on proposed bylaw amendments. In Butterfield v. The Owners Strata Plan LMS 1277, 2000 BCSC 1110, Mr. Justice Preston recognized that one of the purposes of s. 128 was to “protect” residential and nonresidential groups from each other.
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