Unit entitlement is the Act's default, and complying with it is generally a safe answer to a cost-allocation complaint as significantly unfair. The Act provides tools, through either sectioning or a types bylaw, to apportion common expenses in a manner that is fair to all Owners.

Implied waiver does not require a Strata Corporation to intend anything. It can arise from the three-element test, when the Strata Corporation puts its own state of mind in issue, has obtained legal advice, and voluntarily injects that advice into a dispute to justify what it did.

The decision to waive privilege belongs to the Strata Corporation, not to any individual member of Council. Keeping that decision with Council, made by resolution rather than by an individual member acting alone, is what allows a robust and resilient Strata Community to control when, and on what terms, it gives up the protection the law gives it.