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Since strata property legislation was first introduced to British Columbia in 1966, condominium owners have been able to wind up their strata corporations for a variety of reasons but the most usual are:
Part 16 of the Strata Property Act—the current law(the Act)—deals with the cancellation of a strata plan and winding up a strata corporation. We are mainly concerned here with the process set out in Division 1 of Part 16 and Section 52 of the Act, allowing owners to voluntarily cancel their strata plan and wind up their strata corporation. To succeed, they have to meet the following criteria.
When considering whether to wind up their strata corporation, owners tend to be in one of three groups:
It is possible that strata owners themselves will start the process of winding up their strata corporation to redevelop the land they own but, in our experience, it is more usual for a developer to approach owners with an offer to purchase the land.
Selling one’s home can be an emotional and stressful experience so it’s understandable that, when considering winding up a strata corporation, owners can have serious disagreements. To ease the process for all owners, we suggest the following steps be followed:
In summary, when considering winding up a strata corporation, the strata council must ensure that the process is transparent and keep all owners fully advised as the process unfolds.
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