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The judge in that first court case dismissed the petition after concluding that the complex’s salvage value — its expected sale price if bought by a developer for demolition and redevelopment — might be less than the then-estimated price of $40 million for repairs. He left open the possibility a similar application might succeed on new evidence.

“Notably, almost ten years have elapsed since that petition and Gardenia Villa continues to face serious water ingress problems,” said B.C. Supreme Court Justice Maria Morellato in her ruling ordering the $16 million levy.

Court heard that in March, 2008, following the dismissal of the petition, the strata approved a $10 million levy. Some repair work was done but the funds ran out in 2012 and a resolution for another levy to finish the work was defeated.

A 2013 engineer’s report that recommended further work was not acted upon and in 2014 a third report was prepared setting out various options for a levy, but the owners defeated each of five special resolutions, failing to get the needed 75 per cent support for approval.

Frustrated by the delays, a group of owners filed another petition in B.C. Supreme Court against the strata corporation.

The strata admitted there was a dispute between factions that led to an inability to manage and govern the necessary repairs to common property and conceded that an administrator should be appointed to oversee the repairs, but they opposed the levy.