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The Owners, Strata Plan VR320 v Day

The Strata, a residential strata corporation in Vancouver, conducted a virtual town hall meeting to discuss resolutions for an AGM. Owners were given a restricted proxy ballot to vote on a special levy due to COVID-19 restrictions. During the First AGM held on February 25, 2021, a special levy of $2,250,000 was approved, and Mr. Day, an owner, was required to make three installment payments totaling $18,700.20. Following the First AGM, the Strata president sent a letter to owners expressing concerns about the legitimacy of the meeting and announced a second meeting to rectify any potential issues. The Strata assured owners that no penalties or enforcement actions would be taken. On May 1, 2021, the Strata withdrew $6,233.40 from Mr. Day's bank account as the first installment of the special levy. Mr. Day was dissatisfied and demanded a meeting with the Strata president, requesting a refund of the first installment. He threatened legal action and later informed the Strata of his intention to file a complaint with the CRT.Consequently, the Strata refunded the first installment to Mr. Day on May 21, 2021. Mr. Day proceeded to file a claim with the CRT, seeking to invalidate the First AGM to obtain a refund of the full payment. The CRT determined that the First AGM did not comply with the SPA (Strata Property Act) and that the special levy was only officially approved during the Second AGM, which took place after Mr. Day had sold his lot. As a result, the CRT ordered the Strata to reimburse Mr. Day a total of $18,758.17, including the special levy payment and pre-judgment interest. The CRT's decision stands as there were no grounds to interfere. Mr. Day is entitled to reimbursement as the special levy approval at the Second AGM does not apply to him. The petition is dismissed, and Mr. Day is awarded costs from the Strata at Scale B. Now, the Strata is seeking to challenge the CRT's decision and have it overturned. The CRT's decision stands as there were no grounds to interfere. Mr. Day is entitled to reimbursement as the special levy approval at the Second AGM does not apply to him. The petition is dismissed, and Mr. Day is awarded costs from the Strata at Scale B.

Daniel Day
Law Firm / Organization
Not specified
The Civil Resolution Tribunal
Law Firm / Organization
Not specified
The Owners, Strata Plan VR320
Law Firm / Organization
Not specified
Lawyer(s)

B.K. Shoker

Supreme Court of British Columbia
S-220530
Real estate
Not specified/Unspecified
Respondent