Does the Vice Chair of Strata Plan BCS 4476, 2019 BCCRT 991.55 have any authority to waive the depreciation report?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan BCS 3358 v. Colbert, 2020 BCCRT 1166 (CanLII):
55. A similar situation was considered by the Vice Chair in Zane v. The Owners, Strata Plan BCS 4476, 2019 BCCRT 991. In Zane, The strata did not complete the depreciation report or obtain the necessary 3/4 waiver within the 3 year deadline. However, the owners subsequently passed a 3⁄4 vote resolution to waive the depreciation report. The Vice Chair found that the owners’ subsequent waiver of the depreciation report cured the strata’s delay in completing the report. While this decision is not binding on me, I find the reasoning persuasive and I apply it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an owner of a strata without the strata's approval to install a hot water heater without the approval of the Strata? (British Columbia, Canada)
Can a section of Strata Plan charge back costs incurred by an individual strata for damage caused to a strata lot? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
When a majority of owners of a residential strata have voted to replace a carpet under their strata, can they force the strata to do so? (British Columbia, Canada)
Is a strata corporation's delay in informing its owners of a lawsuit against the strata is in breach of section 167(1) of the BC Strata Act? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to interpret a document that states that a debt is enforceable? (British Columbia, Canada)
Is a strata liable to reimburse an owner for expenses incurred to repair the interior of the strata lot? (British Columbia, Canada)
What is the legal test for the authority of a local authority to enforce a ban on the sale and consumption of alcohol? (British Columbia, Canada)
Does a strata have the authority to allocate common expenses on the basis of unit entitlement? (British Columbia, Canada)
