Omnicare Pharmacy Ltd. v. The Owners, Strata Plan LMS 2854
This recent decision of the BC Supreme Court illustrates the critical importance of strata councils ensuring that their by-laws are valid, particularly in mixed stratas where residential and non-residential (commercial) owners have separate enforceable voting rights under the Act.
The Strata Property Act ensures that when it comes to passing or amending the by-laws, each group votes separately and if there is no separate vote, the by-laws that the strata thinks it has passed, are invalid.
Invalid by-laws cannot be enforced and a strata council will be left ‘toothless’ when it comes to trying to discourage non-compliant behaviour by particular owners.
If you have questions about your strata by-laws, contact us.