What is the test for overturning a strata’s decision regarding repairs?
British Columbia, Canada
The following excerpt is from Robertson et al v. The Owners, Strata Plan VIS 2109 et al, 2019 BCCRT 60 (CanLII):
48. A strata’s decision regarding repairs is assessed on the basis of reasonableness. As discussed in Weir v. Strata Plan NW 17, 2010 BCSC 784, a strata may have several reasonable options available to undertake necessary repairs. The fact that one of these options may involve a more cautious approach or may, in hindsight, turn out to be the less wise or preferable course of action will not form a basis for overturning the strata’s decision regarding the repair option selected, as long as that option is a reasonable one. Further, in assessing what is reasonable, the strata may take into account the available financial resources of the strata owners to undertake the necessary work.
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