Morley Hanson

It is important to identify when someone is attempting to persuade you with a warning of a slippery slope argument, and it is even more important to make sure that you do not use them yourself. Once a person recognizes that an argument is a caution of a slippery slope it can significantly reduce the trust that the argument is thoughtful.

The First AGM is for the benefit of the Owners. It is a critical opportunity for Owners to articulate their preferences and vision of the future and to adopt a budget that reflects those preferences and vision.

The duty to accommodate is a fundamental aspect of strata governance under human rights law. It requires strata corporations to respond thoughtfully and flexibly to situations where bylaws or conditions create barriers for individuals with disabilities.

A contract is an agreement that creates legally enforceable obligations. A contract is created when several requirements are met.

Stratas can manage parking effectively while reducing disputes and promoting the fair use of Common Property.

A Developer has duties that it must perform and it should be aware that it is establishing the basis for a Strata Community.

A Strata is a creature of statute and cannot perform an act that is something a person could do that is beyond its powers in the Strata Property Act.

Owners and Council Members should understand that attending a council meeting and participating in a council meeting are different concepts. While bylaws often permit owners to attend as observers, active participation is generally at the discretion of council

Where arguments regarding precedent become slippery slope arguments is when a person expands the scope of “highly similar” beyond what is reasonable.

Restricting access to portions of the Common Property (such as utility areas) often makes sense but must be formalized by a Resolution passed by the Owners at a general meeting.

Narrative and story telling are effective tools of persuasion because it enable the audience to understand why a proposed resolution is the correct resolution.

After Owners pass a resolution to designated Common Property as Limited Common Property, they need to file that resolution with the LTSA.

WHAT IS A W.A.T.N.A.? When negotiating you should not agree to anything that is worse than just acting unilaterally. This is why you must understand what you can do without the agreement of the other person. This understanding is sometimes referred to as the “Worst Alternative to a Negotiated Agreement” or “WATNA.” If you accurately identify and understand your WATNA it is a very useful tool to evaluate whether your agreement to a compromise or agreement is reasonable. In the

Designating Common Property as Limited Common Property by strata plan amendment is a significant process. It requires professional assistance from a surveyor and a unanimous vote which can be difficult to obtain.

Bylaw enforcement is not simply about issuing fines. It is about following a fair process that protects the rights of everyone involved.

Family status may include both the size of a family and the composition of a family. This means that Stratas must be careful when enforcing occupancy limits against larger families, families with children, multi-generational households, or non-traditional family-like arrangements.

A user fee is a means to recover costs selectively from certain Owners on the basis of use.

Limited common property is a means to allocate an Owner the exclusive use of Common Property. The allocation of Limited Common Property includes certain rights, such as exclusive use, but it can also include certain obligations, such as repair responsibilities.

The minimum contribution to the Contingency Reserve Fund by a Developer is often inadequate when the building is several years old when the first Strata Lot is sold.

Proper Strata governance requires transparency and proactive communication with Owners.