Is a disclosure statement binding on a strata corporation?
British Columbia, Canada
The following excerpt is from Au v. The Owners, Strata Plan EPS3242, 2020 BCCRT 1091 (CanLII):
30. Second, the owners say that the developer’s amended disclosure statement shows that storage lockers were a promised part of the development. However, I find that disclosure statements are not binding on strata corporations. See The Owners, Strata Plan BCS 2429 v. Onni Development (The Point) Corp., 2019 BCCRT 1177 at paragraph 23, which is not binding on me, but whose reasoning I find applicable here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a strata corporation impose a fine on a non-strata corporation? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
What is the focus under s. 164 of the BC Strata Plan on the conduct of the strata corporation? (British Columbia, Canada)
Is a strata corporation liable to reimburse an owner for expenses incurred in carrying out repairs to the owner's strata lot? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
What is the test for a strata corporation to carry out its duty to repair and provide maintenance and repair services to an entire strata plan? (British Columbia, Canada)
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)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Can a strata corporation sue an owner for breach of section 158(2) of the Strata Plan Act? (British Columbia, Canada)
