What are the relevant factors for consideration in an application for the appointment of an Administrator?

I return now, with that overview, to the application for the appointment of an Administrator. The relevant factors for consideration, pursuant to s. 174 of the Act, which provides that the court may appoint an Administrator to exercise the powers and perform the duties of the strata corporation if in the court's opinion the appointment of an Administrator is in the best interests of the strata corporation, are as follows: (a) whether there has been established a demonstrated inability to manage the strata corporation, (b) whether there has been demonstrated substantial misconduct or mismanagement or both, in relation to the affairs of the strata corporation, (c) whether the appointment of an Administrator is necessary to bring order to the affairs of the strata corporation, (d) where there is a struggle within the strata corporation among competing groups such as to impede proper governance of the strata corporation, (e) where only the appointment of an Administrator has any reasonable prospect of bringing to order the affairs of the strata corporation. In addition, there is always to be considered the problem presented by the costs of the involvement of an Administrator: Lum v. Strata Plan VR519, 2001 BCSC 493.

In addition, this court must consider the comments of Huddart J. in Cook v. Strata Plan N-50, [1995] B.C.J. No. 2882 (S.C.), that the democratic government of the strata community should not be overridden by the court, except where absolutely necessary.