In a previous post, I discussed a case that was sent back to trial regarding the amendment of an error in a strata plan. At issue was whether the LCP designations of parking were done in error.
All owners of the strata corporation had been under the impression that several spaces were visitor parking spaces. However, when some new owners, the Chows, moved in, they found out that the visitor parking space next to their unit had actually been designated as LCP for their benefit in the strata plan. Other owners then became aware of the same thing and, therefore, all visitor parking spaces were actually LCP parking spaces. Those owners then starting using those spaces as their parking spaces.
As a result, the strata corporation had no on-site visitor parking. In response, the strata council tried to pass a unanimous vote resolution to amend the strata plan and remove the LCP designations. The Chows refused (and several other owners refused) and the vote failed.
The matter went to BC Supreme Court, where the Chows won. The BC Appeal Court determined that an error was made by the BC Supreme Court and determined that a new hearing before the Supreme Court was required. That hearing was heard on September 25, 2017 and the decision was released on December 18, 2017: Chow v The Owners, Strata Plan NW 3243, 2017 BCSC 2331. This time, the BC Supreme Court found in favour of the strata corporation.
Section 14.12 of the Strata Property Regulations permits the rectification of an error in a strata plan filed by the owner developer. To determine whether there was an error, the Court considered the disclosure statement from the owner developer, the minutes of the city council meeting regarding the architectural plans, the city bylaws at the time, the evidence of the owner developer of its intentions; and the marketing materials from the owner developer. All of the evidence indicated that the owner developer intended to provide visitor parking stalls, not limited common property parking.
As a result, the LCP designations in the strata plan were found to be in error and the Court ordered he mistake to be corrected by removing the LCP designations.