What defines a significantly unfair strata plan?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan VR 2266 v. 228 Chateau Boulevard Ltd., 2020 BCCRT 998 (CanLII):

64. To be significantly unfair, the strata’s conduct must be more than “mere prejudice” or “trifling unfairness” (see Dollan at paragraph 27). “Significantly unfair” means conduct that is oppressive or unfairly prejudicial. “Oppressive” is conduct that is burdensome, harsh, wrongful, lacking fair dealing or done in bad faith while “prejudicial” means conduct that is just and inequitable (see Reid v. Strata Plan LMS 2503, 2001 BCSC 1578, affirmed in 2003 BCCA 126).

65. It is important to note that a strata is obligated to work toward the greatest good for the greater number of owners (see Gentis v. Strata Plan VR 368, 2003 BCSC 120). If a strata’s decision is made on good faith and on reasonable grounds, it will generally not be significantly unfair just because the decision adversely affects some owners to the benefit of others (see Peace v. Strata Plan VIS 2165, 2009 BCSC 1791).

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