Information About Morley Hanson Law Corp Articles and Insights
Recent Posts
Below is a preview of the five most recent posts from the blog Morley Hanson Law Corp Articles and Insights. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Significant Unfairness and Strata Budgets
Unit entitlement is the Act’s own default, and complying with it is generally a safe answer to a cost-allocation complaint. A robust and resilient Strata Community keeps its cost allocation matched to who actually benefits, and revisits an old arrangement through a proper vote rather than a change i … Read more »
- When Is Immediate Change to the Common Property Necessary?
An emergency that justified acting without authorization once should not become a standing excuse to act without it again. A robust and resilient Strata Community treats “it was necessary at the time” as a claim that has to be shown, not merely asserted. Read more »
- An Administrator is a Last Resort, Not a Fix for Strata Conflict
A robust and resilient Strata Community resolves its own disputes through Council, its bylaws, and the more targeted remedies the Strata Property Act already provides. An administrator is what happens once none of that is working, not a substitute for making it work in the first place. Read more »
- The Decision to Significantly Change the Common Property Belongs to the Owners, Not Council
Council has real authority to manage the common property, but that authority stops where a change becomes significant, and that line has been drawn by a fact-specific legal test the courts and the Civil Resolution Tribunal have applied consistently for years. Read more »
- When Does Strata Bylaw Enforcement Become Significantly Unfair?
A robust and resilient Strata Community depends on Owners being able to predict how a bylaw will actually be enforced against them, before it is enforced. Our recommendation is that Council document its reasons whenever it declines to enforce a bylaw against one Owner, not only when it decides to en … Read more »