Bylaws

Mortgage Broker’s Exclusive Contract Unenforceable #396

Legally Speaking

By Gerry NeelyB.A. LL.B. It’s a rare occasion when one’s expertise is a negative factor influencing a judge’s decision. That happened to an experienced mortgage broker and his client, an owner of two apartment properties and a REALTOR® for 25 years. The owner advised the broker that he needed to $2.3 million to refinance a

Licensee’s Duty to Know Effect of Municipal or Other Governmental Land Use Laws #380

Legally Speaking

By Gerry NeelyB.A. LL.B. The decision in Legally Speaking 379, that the representative had a duty to know the relationship between the building code and municipal bylaws concerning inspections and permits, is one of several decisions examining circumstances where the representative had a duty to know municipal bylaws. Here are three more examples. A representative advertised that

Legally Speaking 371 – Hardwood Flooring Bylaws Revisited; Paragraphs 8 and 14 of the Contract of Purchase and Sale #374

Legally Speaking

By Gerry NeelyB.A. LL.B. The message some licensees took from the two cases discussed in Legally Speaking 371 was that a strata corporation can’t enforce a bylaw restricting the installation of hardwood floors. In fact they can, due to s.219 of the Strata Property Act, which allows strata corporations to enact bylaws controlling the use and enjoyment

Indian Land Development and Sale, Introduction To #328

Legally Speaking

By Gerry NeelyB.A. LL.B. Anyone involved for the first time in the sale of an interest in reserve land will find little that resembles the more usual sale of fee simple land with which we are familiar.  The outright sale of reserve land is a rarity, occurring usually as part of a trade of land, because

Strata Property Act, Continued #325

Legally Speaking

By Gerry NeelyB.A. LL.B. An owner-developer now has the opportunity until the first annual general meeting to amend the strata plan to designate parking stalls as limited common property for the use of strata lot owners and, in addition, to designate up to two extra stalls for their use. “Extra” means those stalls set aside

Strata Property Act Regulations #324

Legally Speaking

By Gerry NeelyB.A. LL.B. BCREA published in 1999, a very useful cpe seminar manual, called Strata Property Law for REALTORS, on strata property law and in particular, the Strata Property Act which becomes law on July 1, 2000. This year, regulations to the Act were published which will affect developers, owners and strata councils. The Act requires an owner/developer to

Condominiums – Leaky – Court Disallowed Fines for Breach of Rental Bylaw; Owners Entitled to a Hearing #316

Legally Speaking

By Gerry NeelyB.A. LL.B. Two strata owners, who were faced with a rental bylaw limitation, rented their condominium to their adult children without seeking permission from the strata corporation. At various times over several years, permission to rent was denied, then given, and then denied. The owners tried unsuccessfully, in a poor market, to sell

Condominium Retroactive By-Law Unenforceable #263

Legally Speaking

By Gerry NeelyB.A., LL.B. A ground level strata unit had a patio on common property, which was reserved for the exclusive use of the owners of the unit. Buyers who purchased it installed a hot tub about June of 1995. The patio was entirely surrounded by the wall of the building, a fence and gateway.

Reference: Condominiums – Noise and Vibration. A Nuisance #142

Legally Speaking

By Gerry NeelyB.A. LL.B. It’s probably just a coincidence that the manufacturers of stereo equipment are packing more noise into a smaller box at a time when more condominiums are being built, and more and more people are living separated only by a common wall. Condominium living has been described by one judge as “a

Problem for a Licensee Asked to Sell a Shareholder’s Interest in a Company Incorporated Under the Provisions of the Companies Act #16

Legally Speaking

By Gerry NeelyB.A. LL.B. A recent arbitration held in accordance with the by-laws of the B.C. Real Estate Association highlighted the problem for a licensee who is asked to sell a shareholder’s interest in a company incorporated under the provisions of the Companies Act. While we do not have a copy of the decision which would