Morley Hanson

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.

Emerging jurisprudence reflects a growing tendency to conflate the duty to enforce with the duty to accommodate. Rather than treating them as distinct legal obligations with separate analytical frameworks, recent decisions often merge them into a single balancing exercise.

The distinction between an employee and an independent contractor is not determined by what the strata corporation calls the person. It is determined by the actual relationship between the parties. If a person is misclassified as a contractor, the strata corporation may face claims for employment standards entitlements, termination pay, common law reasonable notice, tax and payroll consequences, WorkSafeBC issues, and legal costs.