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 …
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 …
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 …
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 …
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 …
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 …
By Gerry NeelyB.A. LL.B. A real estate agency with more than 40 licensees leased ground level offices in a small shopping centre containing retail and office space as well as two restaurants, one of which is a McDonalds. One day the manager of the agency looked out of his office to see a tow truck …
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 …
The British Columbia Real Estate Association acknowledges that our head office is located on the unceded traditional territories of the Coast Salish Nations of Sḵwx̱wú7mesh (Squamish), səl̓ilwətaɁɬ (Tsleil-Waututh), and xwməθkwəy̓əm (Musqueam). We also acknowledge the other 195 First Nations in British Columbia, as these are the lands we each call home.
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