A lot owner accused her strata of breaching the Strata Property Act and also accused them of holding secret email meetings to avoid owner scrutiny.
Jane Cassey was involved in a BC Civil Resolution Tribunal hearing with Strata Plan VR326.
She accused the strata council of holding secret email meetings and delegating authority to a “planning group” committee to avoid scrutiny from other owners.
Surprisingly, the tribunal member overseeing the case saw her point, while the strata claimed nothing was improper about its practices.
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Cassey requested that the strata pass a bylaw to create and delegate authority to the planning group and that the planning group report its activities in detail in council meeting minutes.
The tribunal decision reads, “She also asks for an order that the strata stop acting on email decisions until they are ratified at a council meeting.”
“The strata undisputedly makes certain decisions by email and later ratifies the decisions at a properly constituted and minuted council meeting,” the decision states.
According to the tribunal decision, the strata acts on decisions as soon as an email consensus is reached, not waiting for ratification. This is the main issue Cassey was challenging.
Cassey also acknowledges that some issues, like emergencies, must have an immediate response.
In response, the strata claims that the committee was made up of strata council members, adding that the committee allowed for quick decisions about minor but unimportant matters like paint colour.
The tribunal ordered the strata not to act on decisions made by email unless the council passes a majority vote at a properly convened strata meeting, unless in an emergency.
The tribunal also ordered the strata to pay Cassey $112.50 in tribunal fees.