Does a strata have the authority to allocate common expenses on the basis of unit entitlement?

49. The strata says it is not unfair to allocate common expenses on the basis of unit entitlement where no change to that approach has been authorized by a unanimous vote of the owners (see The Owners, Strata Plan LMS 1537 v. Alvarez 2003 BCSC 1085). The strata also refers to Yang v. The Owners, Strata Plan LMS 4084 2010 BCSC 453 to argue that common area expenses include electricity, natural gas, and landscaping services.

50. The test used to answer whether the strata’s allocation of common expenses is significantly unfair to the owner has 2 parts: 1. does the evidence objectively support the owner’s reasonable expectation that the various expenses noted would be fairly allocated based on use and benefit, and 2. if so, was the owner’s reasonable expectation violated by an action that was significantly unfair? (see Dollan v. The Owners, Strata Plan BCS 1589, 2012 BCCA 44 at paragraph 30)