Condominium Act

Leaky Condo, Special Assessment, Approval by Ordinary Resolution Sufficient – but No Authority to Collect Lump-Sum Payment #310

Legally Speaking

By Gerry NeelyB.A., LL.B. Following upon the leaky condo case discussed in Column 304 of an owner’s refusal to pay a special assessment, is another case in which the developer, as the holder of 24 units in a 194 unit condominium development, challenged the validity of an ordinary resolution approving an assessment of $2,467,000 to be

Retail Strata #305

Legally Speaking

By Gerry NeelyB.A., LL.B. The businesses in a retail shopping centre in Richmond were carried on by owners or tenants of strata lots in a strata corporation. Its bylaws required an owner or occupier of a strata lot to obtain written approval from the strata council to make any change in the nature of the business

Condominium Act: Unresolved Issues #276

Legally Speaking

By Gerry Neely B.A. LL.B Completion of the revisions to the Condominium Act will be delayed, according to the Ministry of Finance and Corporate Relations, to allow for a further discussion of the major five following issues. The major issue is one raised by the owners of larger strata lots who argue that expenses should

Commission Trust and the Personal Property Security Act ; Condominium Act – Assessments, Defaulting Owner, Strata Corporation Priority Over a Mortgagee #272

Legally Speaking

By Gerry Neely B.A. LL.B Column No. 266 described a B.C. Court of Appeal decision that a valid trust can be created by a properly worded independent contractor contract, despite the illegality of that form of contract under the current Real Estate Act. The significance of this decision is that the trust protects the licensee’s

Substantial Instead of Minor Changes to the Condominium Plan; Disclosure Statement – Failure to File Amendment, Material False Statement in the Budget #269

Legally Speaking

By Gerry Neely B.A. LL.B Since many developers are now pre-selling before there is a hole in the ground, their presentations to prospective buyers can only be based upon models, plans and sales brochures portraying the merits of the condominium a prospective buyer may occupy. Inevitably some alterations to the plans are required as construction

Condominium Act – Loss of Owner’s Right to Vote; Contract of Purchase and Sale – Paragraph 9 Exclusions of Representations, Etc. #268

Legally Speaking

By Gerry Neely B.A. LL.B Section 125(6) of the Condominium Act states that except where a unanimous resolution is required, an owner is not entitled to vote at a general meeting, unless all contributions payable for the owner’s strata lot have been paid. An owner/developer of a newly-created strata corporation, who follows the not uncommon

Condominium Jacuzzi’s Excessive Noise and Chlorine Odour #264

Legally Speaking

By Gerry NeelyB.A., LL.B. The Condominium Act, as out-of-date as it is in many respects, may provide a remedy to a strata lot owner, who finds that a decision of the strata council to manage part of the common facilities for the benefit of all owners, interferes with the owner’s enjoyment of her suite. Section 40

Condominium Age Restriction Upheld #259

Legally Speaking

By Gerry NeelyB.A., LL.B. Another decision concerning the right of a strata corporation to pass by-laws limiting occupancy to those of advancing years and to prohibit the rental of any strata units. This case arose out of the occupancy of a unit by parents in their seventies, and a son who was forty-eight, in 1990,

Water Damages to Owner’s Suite, Strata Corporation not Liable #252

Legally Speaking

By Gerry NeelyB.A., LL.B. Over a period of four years a ground floor condominium owner experienced water seeping through the exterior wall of her condominium. The frequency and extent of the seepage was sufficient to result in the growth of fungi and bacteria in the soaked carpet, which led to an asthma-like respiratory condition. This

Age Restriction Unenforceable? #234

Legally Speaking

By Gerry NeelyB.A., LL.B. The frequency with which these columns are dealing with Section 30 of the Condominium Act, and the decisions the courts apparently feel obliged to make as a result of the wording of Sections 29 and 30, make one hope that a new Condominium Act will soon be before the legislature. Bylaws which limit the right

Owner Consent and Notice Requirements #223

Legally Speaking

By Gerry NeelyB.A., LL.B. Failure to comply with the Condominium Act may result in an unsuccessful action brought by a strata corporation or the failure of arbitration. In one case, the units in a strata titled industrial park were subject to a building scheme, which allowed units to be used for “manufacturing, processing, storage…of goods and materials.”

Strata Meeting – An Amendment to a Special Resolution #211

Legally Speaking

By Gerry NeelyB.A., LL.B Column #210 discussed the impact upon adult only condominium developments of amendments to the Human Rights Act concerning discriminatory practices based upon the age or family status of a prospective tenant. The next issue is the validity of strata corporation bylaws that restrict occupancy based upon age. Will these restrictions be struck down because of

Adult Only Buildings and the Human Rights Act #210

Legally Speaking

By Gerry NeelyB.A, LL.B. How do amendments to the Human Rights Act (HRA) affect a developer pre-selling strata residential units in an intended adult only development? Amendments to the HRA enlarged the definition of age to include anyone between 19 and 64 years inclusive, and added family status as one of the prohibited discriminatory practices in the

Removing Fixtures; Whim or Fancy #205

Legally Speaking

By Gerry NeelyB.A., LL.B. If section 441 of the Criminal Code of Canada were better known to tenants, less of them might trash rented premises. This section makes it an offense, punishable upon conviction for up to five years imprisonment, if an occupant of a dwelling house or other building deliberately and to the prejudice

Parking Not Limited Common Property #180

Legally Speaking

By Gerry NeelyB.A., LL.B. A sales brochure for a condominium project which consisted of 55 strata lots and 69 parking stalls, stated that each unit was entitled to one parking stall and that an additional stall, if available, would be rented by the strata council to an owner. The purchasers of one unit made it

The Condominium Act – Section 49 #159

Legally Speaking

By Gerry Neely B.A. LL.B This section states that no expenditures in excess of $500 shall be made by a strata council unless: (a) an emergency exists, or (b) the expenditure was set out in the annual budget of the corporation which was approved by the owners at a general meeting, or (c) the owners

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

Commission Cases #128

Legally Speaking

By Gerry Neely B.A. LL.B Two recent commission cases in which the judges could have as readily ruled against the licensees were instead resolved in their favour. In the first case, the owner of a small commercial property was attempting to sell it himself. When a licensee responded to an ad and asked for a

Property Purchase Tax Act – Continued #116

Legally Speaking

By Gerry Neely B.A. LL.B The tax return which is filed under the Property Purchase Tax Act with transfer documents has been amended to require a purchaser to disclose the value of machinery, furniture, equipment and fixtures, which are included in the purchase price of non-residential property. “Fixture” is very broadly defined but does exclude

Property Purchase Tax Act, Bill 60 #115

Legally Speaking

By Gerry Neely B.A. LL.B The Property Purchase Tax Act became law in March of 1987, and amendments to it were made in December, 1987, by Bill 60, mainly to close loopholes or to remove ambiguities in the Act. One loophole was found by developers in the definition of an Agreement for Sale. The definition

Condominium Act, Municipal Act, Social Service Tax Act #98

Legally Speaking

By Gerry NeelyB.A. LL.B. These three Acts proclaimed by the Legislature in Victoria may contain a number of booby traps waiting to explode in the face of the unwary, but each contains at least one. Anyone purchasing a condominium knows that the legal description includes an interest in the common property. And certainly a mortgagee