Significantly Unfair

Unit entitlement is the Act's own default, and complying with it is generally a safe answer to a cost-allocation complaint. A robust and resilient Strata Community keeps its cost allocation matched to who actually benefits, and revisits an old arrangement through a proper vote rather than a change in who controls Council.

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