The Strata Council of Strata Plan EPS7890 in Prince George recently passed a resolution by a 3/4 vote to convert a portion of the common property (a seldom-used patio area) into a new owner-assigned limited common property storage locker area, with the cost of conversion and ongoing maintenance of the lockers to be borne by the owners who acquire them. Ms. Brenda Foster, an owner in the strata, believes this change significantly and unfairly diminishes the value of the common property and her unit, and was not properly passed. She has exhausted internal strata dispute resolution mechanisms. What specific type of action would Ms. Foster likely need to pursue to challenge this resolution after exhausting CRT avenues, if she believes it's an 'unfairly prejudicial' action by the strata?

Question: The Strata Council of Strata Plan EPS7890 in Prince George recently passed a resolution by a 3/4 vote to convert a portion of the common property (a seldom-used patio area) into a new owner-assigned limited common property storage locker area, with the cost of conversion and ongoing maintenance of the lockers to be borne by the owners who acquire them. Ms. Brenda Foster, an owner in the strata, believes this change significantly and unfairly diminishes the value of the common property and her unit, and was not properly passed. She has exhausted internal strata dispute resolution mechanisms. What specific type of action would Ms. Foster likely need to pursue to challenge this resolution after exhausting CRT avenues, if she believes it's an 'unfairly prejudicial' action by the strata?

Answer options:

• A judicial review application to the BC Court of Appeal. ✅ An application to the Supreme Court of British Columbia under Section 164 of the Strata Property Act.
• A request for FINTRAC to investigate potential financial irregularities.
• A formal complaint to the BC Human Rights Tribunal.

Correct answer: An application to the Supreme Court of British Columbia under Section 164 of the Strata Property Act.

Explanation: Section 164 of the Strata Property Act allows an owner or tenant to apply to the Supreme Court for an order if they believe a decision or action of the strata corporation, its council, or persons comprising the council is 'significantly unfair' to them or other owners/tenants.