British Columbia

Strata council voting rights to be determined by B.C. court

A B.C. Supreme Court decision, scheduled to be released Tuesday morning, could determine whether strata members can be stripped of their voting powers.

White Rock condo owner Roderick Louis argued strata's moves were unconstitutional

Roderick Louis took his strata council to court, arguing it infringed on his constitutional rights when it revoked his voting rights. THE CANADIAN PRESS/Darryl Dyck (Canadian Press)

A B.C.Supreme Court decision, scheduled to be released Tuesday morning, could determine if strata members can be stripped of their voting powers.

Roderick Louis, who owns a condominium in White Rock, says he's been fighting with what he calls a vengeful strata council since 2006.

Louis said the strata revoked his voting rights after he attempted to get more detailed financial information from his strata's president. At one point Louis stopped paying his fees.    

He has argued that a strata president's power to remove voting privileges from a member is unconstitutional. Louis is attempting to have the court strike down several sections of the provincial strata law.

Strata will retrieve unpaid fees, says condo association

"We don't in this day and age allow for legal authorities — in this case a strata council — to at their whim disenfranchise parties."

Tony Gioventu, the executive director of the Condominium Home Owners Association of B.C., said if a person refuses to pay fees, the strata will attempt to retrieve them.

"Strata fees are just like a tax on any other level," Gioventu said. "They are required for operations and functions. If a person doesn't pay their strata fees, the strata corporation will eventually make an application to the courts for the sale of the strata lot." 

Tuesday's decision will also rule on whether stratas have the right to block strata owners from being elected to council along with whether a strata can commence legal action without approval of all owners.
   

with files from Richard Zussman