Strata Parking May Get Simpler #518

In its newest report (the “Report”), the British Columbia Law Institute’s formidable committee of strata experts (the “Committee”) recommends more changes to the Strata Property Act (the “Act”). If adopted, these changes will make it easier for a REALTOR® to confirm how strata parking is designated. 1 Background Depending on the circumstances, a strata parking

Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350

Legally Speaking

By Gerry Neely B.A. LL.B When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract otherwise provided. For this reason, the Contract of Purchase and Sale includes Clause 16 which allocates risk

Aboriginal Land Development and Sale (Continued) #330

Legally Speaking

By Gerry NeelyB.A. LL.B. The importance of a homeowner’s association was alluded to in Legally Speaking column 329. The association’s role in a development is equivalent to that of a strata corporation. It provides the mechanism through which the owners of leasehold interests in a development, or a phase of a development, govern the administration of their

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

Income Tax – Waiving Commission #249

Legally Speaking

By Gerry NeelyB.A., LL.B. The tax laws can have the unfortunate consequence of turning an act of kindness, into a taxable benefit resulting in tax to be paid upon an amount not received. A licensee wrote to suggest that a warning be given to licensees of an assessment of tax by Revenue Canada arising from

Licensees' Duty to Know Basic Municipal Bylaws #187

Legally Speaking

By Gerry Neely B.A. LL.B The decision of the city of Cranbrook to extend its boundaries led to a lawsuit against the owner of a small vacant lot and the listing and selling agents involved in its sale to a purchaser who found that the bylaws of the city prevented him from building a home

Landlord's Liability – Leased Premises #109

Legally Speaking

By Gerry Neely B.A. LL.B What do the Province of British Columbia, the Municipalities of Enderby and Chilliwack, Hudson’s Bay Company, Safeway, Grouse Nest, Royal Canadian Legion and landlord have in common? They have been sued under the Occupiers Liability Act by someone injured on premises over which they had a responsibility to ensure that