Can a strata corporation withdraw from a cost-sharing arrangement with the local municipality?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan NW 2301 v The Owners, Strata Plan NW 2364, 2022 BCSC 527 (CanLII):
In the case of The Owners, Strata Plan NWS 3457 v. The Owners, Strata Plan LMS 1425, 2017 BCSC 1346 [Scottsdale], a decision of Mr. Justice Branch, the facts were very similar to those in this case. The parties were adjoining strata corporations whose residents shared recreational facilities located on the plaintiff's lands. There was a cost-sharing arrangement between the two that was included in a s. 219 covenant in favour of the local municipality. The defendant strata corporation resolved to withdraw from the arrangement and provided written notice to the plaintiff of its intention. As is the case here, the covenant was registered prior to the creation of either strata corporation.
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