What remedies are available to the owners of a property where a fence has been installed without a Strata Plan approval?
British Columbia, Canada
The following excerpt is from Deane v. Cusick et al, 2019 BCCRT 539 (CanLII):
37. Second, at first instance, it is the strata that must determine if a requested change is significant before it is approved and details of the approved fence installation are unclear, such as the height, length and design. There is no evidence that the approved fence was a significant change within the meaning of section 71 of the SPA for which the court has set several determining factors. See Foley v. The Owners, Strata Plan VR 837, 2014 BCSC 1333. What remedies, if any, are appropriate?
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