There are many benefits to living in a strata, but there can
also be problems. One such problem can be raising money to
pay for building repairs. This is usually done by way of a
special levy requiring owners to pay their proportional share of
the expected cost. A special levy is in addition to monthly
dues and can, in serious cases, be a lot of money. The
imposition of a special levy requires a special majority vote:
either a ¾ vote or a unanimous vote of all strata members,
depending on the nature of the proposed expenditure. What
happens when urgent repairs are needed but the strata members
refuse to pass the required resolution authorizing a special
levy?
Until December 2013, there was very little a strata could
do. The only legal remedy available was under section 165 of
the Strata Property Act (the "SPA")
pursuant to which a court could order a strata council to perform
its duty to repair and maintain common property. This was a
cumbersome route and the
