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Positive covenants are still unenforceable in B.C.

/ Owner - March 8, 2018

A triad of cases were recently decided in British Columbia pertaining to whether positive covenants in the development context were enforceable. These situations arose where strata corporations inherited cost?sharing agreements with their neighbours which had been entered into by the owner developer and never explicitly assumed. In the latest of these cases, The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd., 2017 BCSC 1988, the Plaintiff condominium corporation had a dispute over shared expenses for the operation and maintenance of the parkade with the developer who still owns the remainder parcel.    Read the article…………….

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