Morley Hanson

An Owner who receives a Strata's specific approval, and then actually acts on it, has a right that a court or the Tribunal must weigh, not something the Strata can withdraw for free. That reliance carries the most weight where the approval was an affirmative, specific representation and the Owner has gone beyond preparatory steps to real use or real expense.

A robust and resilient Strata Community depends on Owners being able to predict how a bylaw will actually be enforced against them, before it is enforced. Our recommendation is that Council document its reasons whenever it declines to enforce a bylaw against one Owner, not only when it decides to enforce it against another

Council has real authority to manage the common property, but that authority stops where a change becomes significant, and that line has been drawn by a fact-specific legal test the courts and the Civil Resolution Tribunal have applied consistently for years.