On November 16, 2015 proposed changes to the British Columbia
Strata Property Act in
Bill 40-2015 were approved by the provincial legislature. These
changes will come into effect after related regulatory changes are
made, which is expected to occur in early 2016. This amendment,
among other things, will make it easier for strata corporations to
terminate their strata by lowering the voting threshold required to
terminate a strata corporation from a unanimous vote of all strata
lot owners to an 80% vote of strata lot owners. For more
information regarding this amendment please see "Proposed Amendment to the Strata Property Act:
Terminating a Strata Corporation."
Effecting a strata windup can be beneficial for many reasons. As
many older strata buildings in Vancouver and across the province
reach the end of their life cycle, these buildings and related
common property may require costly capital repairs which many
owners would rather not pay. Additionally, as developers search for
new development opportunities across the Lower Mainland, aging
strata buildings (and more specifically the land beneath them) are
becoming appealing assets as many of these older strata
developments were built using lower density levels than are
However, winding up a strata corporation is a technical,
complicated process, and legal advice should be sought early on in
the process to help ensure a successful windup. Lawson Lundell's Strata Windup Group has
valuable experience dealing with strata windups, including the
first court approved windup in British Columbia, and can assist
strata corporations, developers and real estate agents in
navigating this process.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Ontario Court of Appeal confirmed that courts will generally support and uphold decisions of condominium directors because they are better positioned than judges to make decisions pertaining to their buildings.
According to the city bylaws in Calgary, the grading of lots for new buildings must be done properly so that the water never flows toward the new building or any other nearby properties, but away from those buildings.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).