A judge has rejected a bid by a B.C. strata to wind up their strata plan despite the fact that 78 per cent of the strata sought the move.
In his ruling on the case, B.C. Supreme Court Justice Geoffrey Gomery noted there was sufficient confusion, uncertainty and unfairness surrounding the matter such that he could not approve of the court petition.Start your day with a roundup of B.C.-focused news and opinion delivered straight to your inbox at 7 a.m., Monday to Friday.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
At a meeting on Jan. 20, the owners failed to approve the sale by the necessary 80 per cent majority but discussions with the developer continued. On June 17, 89 per cent of the owners approved a winding-up resolution. In the petition, the number of owners supporting the wind-up move had dropped to 22 of 28 owners, or 78 per cent.
“Confusion and uncertainty are manifest because it is uncertain when the winding up will be effected, how it will be effected, what the results will be when it is effected, and even whether it will be effected.” “If the owners fail in their action against Anthem, their eventual recovery is entirely uncertain, but it is significant that they view this as the inferior outcome.”
“Upon the filing, none of the owners would be entitled to remain in possession of their residential units.”
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