What can an owner or tenant do to remedy or prevent an unfair action by the strata corporation?

Section 164 of the Act is used to remedy significantly unfair acts. The owner or tenant may apply to the Supreme court for an order preventing or remedying a significantly unfair act in relation to:

  • Action or threatened action of the strata corporation;
  • Decision of the strata corporation or strata council;
  • Exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at a general meeting.

The court may direct or prohibit an act of the strata corporation or council, vary a transaction or resolution, or regulate the conduct of the strata corporation’s future affairs; and may make any other order it considers necessary,