What is the test used to answer whether a strata’s allocation of common expenses is significantly unfair to the owner?
British Columbia, Canada
The following excerpt is from 901 Fernie Property Developments Ltd. v. The Owners, Strata Plan NES 3363, 2018 BCCRT 750 (CanLII):
50. The test used to answer whether the strata’s allocation of common expenses is significantly unfair to the owner has 2 parts: 1. does the evidence objectively support the owner’s reasonable expectation that the various expenses noted would be fairly allocated based on use and benefit, and 2. if so, was the owner’s reasonable expectation violated by an action that was significantly unfair? (see Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44 at paragraph 30)
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