In a recent decision (Dubas v. The Owners of Strata Plan VR. 92, 2019
BCCA 196), the BC Court of Appeal further clarified the
strata wind-up process and intent of the strata wind-up provisions
in Part 16 of the Strata Property Act. In this
important decision, the Court of Appeal confirmed that a strata
corporation could list its property for sale by way of a simple
majority decision (rather than a 75% or 80% vote). With this
clarification, strata corporations have been provided with greater
flexibility to explore the profitability of moving forward with a
sale.
The Dubas case involved a three-story, 41-unit building
in Granville Street known as “Granville West”. In
2017, Granville West’s strata council started to receive
requests from realtors about the possible wind-up and sale of the
property. Following a town hall meeting with owners about the
possibility of redevelopment, the strata council distributed an
informal ballot asking owners to advise if they were
