Can a strata council delegate its authority to repair and maintenance the amenity area to the gardening committee?
British Columbia, Canada
The following excerpt is from Turko et al v. The Owners, Strata Plan LMS 25, 2019 BCCRT 331 (CanLII):
24. As I have already stated, I find the strata council had delegated its authority with respect to the repair and maintenance of the amenity area to the gardening committee. There is no evidence nor items in the council meeting minutes that indicate the owners have support of other strata owners. The standard of care to which a strata council must adhere is one of reasonableness, such that "perfection is not required... only reasonable action and fair regard for the interests of all concerned". See Leclerc v. The Owners, Strata Plan LMS 614, 2012 BCSC 74 at para 61.
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