Can a society “fine” its members? 2019 BCCRT 830: Tam v. Owners Association et al

When a Society may properly fine its members was raised before the Civil Resolution Tribunal, in the context of a rental pool arrangement and compulsory society membership in Whistler, BC. The case is Tam v. Evolution Owners’ Association et al, 2019 BCCRT 830 (CanLII).

Can you draft your members out of an “oppression” remedy?

Under the new Societies Act, members may bring a claim against a society for unfairly prejudicial or oppressive conduct on the part of the society, its directors, or its members. I’ve often been asked whether you can contract out of this right by having members waive it in advance or in restricting it in your bylaws, or whether an automatic termination provision can be used to expel a member who brings such legal proceedings.