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Powers of a Condominium Administrator Clarified in British Columbia
The recent decision Aviawest Resort Club v. The Owners, Strata Plan LMS1863, 2005 BCCA 267 from the British Columbia Court of Appeal has clarified the extent of the powers of a condominium corporation (strata corporation in British Columbia) court-appointed administrator. The appeal arose from an earlier decision of the British Columbia Supreme Court appointing an administrator to manage the affairs of a condominium corporation hotel. In that earlier decision, the Court gave the administrator the power to impose levies, approve special budgets and to pass resolutions normally requiring a 75% vote of the owners. The Court of Appeal reversed the decision, holding that owners' rights as members of the condominium corporation were distinct from their rights as individual owners of condominium units.
Accordingly, the Court concluded it was not empowered to authorize an administrator to do any act requiring a special resolution without requisite approval from the owners. If a strata corporation could not act without the authority of a resolution, the administrator was equally restrained.
Ontario's first condo case dealing with the appointment of an administrator was Skyline Executive Properties Inc. v. Metropolitan Toronto Condominium Corp. No. 1385. The parties to that case have been litigating various condo issues before the courts since 2002. Unfortunately, the appointment of an administrator did not solve the condominium corporation's inability to effectively manage the corporation on its own without dispute.
June 15, 2005 in Condominiums | Permalink
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Comments
The Court of Appeal reversed the decision, holding that owners' rights as members of the condominium corporation were distinct from their rights as individual owners of condominium units.
Posted by: Jeff Morris | Aug 18, 2011 12:51:19 PM
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