Strata Property Act

Beyond Your Expertise: When to Recommend Clients Get Legal Advice #531

The Question I am asked for advice from licensees on potential claims daily. They often describe a scenario involving complex matters beyond the expertise of a licensee, such as taxes, structural issues/defects or complicated legal questions, like whether a contract alive or dead? They want to know what they should do and what they should

Planning for Post-COVID-19 Economic Recovery

BCREA’s Recommendations for the Next Provincial Government With British Columbians being asked to head to the polls on October 24, BCREA is advocating with all parties to ensure that market housing affordability is a cornerstone of the province’s COVID-19 economic recovery plan. “The COVID-19 pandemic has made market housing affordability inequities more apparent than ever,”

Province Revises Strata Property Act in Response to Insurance Crisis

The Province of BC has changed the Strata Property Act and the Financial Institutions Act in response to the recent escalation of insurance premiums and deductibles. In a communication to Strata Managers, the Real Estate Council of BC (RECBC) highlighted that now: Strata corporations are required to inform owners as soon as it is feasible

BC REALTORS® Support BCFSA Interim Findings On Rising Strata Insurance

For Immediate Release Vancouver, BC – June 17, 2020. The British Columbia Real Estate Association (BCREA) welcomes the BC Financial Services Authority’s (BCFSA) interim findings on the unprecedented rise in strata insurance premiums and deductions. On behalf of BC’s 23,000 REALTORS® and 11 real estate boards, BCREA has also developed a series of recommendations for

A Phased Developer Must Contribute to Common Facilities #454

Legally Speaking

Though many licensees are not aware of it, in a phased strata project the developer must contribute to the cost of common facilities until the final phase is deposited. The British Columbia Court of Appeal’s recent decision in Strata Plan NES 97 v. Timberline Developments Ltd. is a good illustration.1 In that case, a strata

Strata Property Act – Changes to Rental Restrictions Rules #436

Legally Speaking

By Edward L. Wilson Since its adoption, the Strata Property Act has permitted residential strata corporations to adopt rental restriction bylaws. With the adoption of the Strata Property Amendment Act (SPAA), important changes to rental restrictions for new strata developments came into force as of January 1, 2010. Rental Disclosure Statements Developers of residential strata lots have long been

New Era for Legally Speaking #404

Legally Speaking

After penning his final issue of his illustrious 26-year tenure as author of Legally Speaking last month, Gerry Neely has passed the torch to four renowned BC lawyers, who will share the authorship duties, beginning in March. Please send questions, comments and suggestions for the new authors of Legally Speaking to [email protected] Mike Mangan Mike

Townhome and Apartment-Style Strata Units – Significantly Unfair Allocation of Expenses and Section Creation #399

Legally Speaking

By Gerry NeelyB.A. LL.B. Section 164 of the Strata Property Act (SPA) gives the Supreme Court of BC the authority, upon application by a strata owner or tenant, “to prevent or remedy a significantly unfair action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant.” The townhome-style owners referred to in column 392

Strata Property Act—Common Expenses, Issue Between Non-Sectioned Apartment and Townhome Units; Strata Property Act—Undisclosed Strata Council Conflict of Interest #392

Legally Speaking

By Gerry NeelyB.A. LL.B. A strata corporation incorporated in 1987 had 36 apartment-style units and eight townhome-style units. The original owners agreed it would be fair to allocate 18 common expenses on a percentage basis between the two styles, based on the extent to which the benefit of an expense was attributable to one or

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

Life Lease Housing and Seniors (continued) #352

Legally Speaking

By Gerry Neely B.A. LL.B There are several models for life lease housing other than the one referred to in Legally Speaking 351. That model requires the landlord to refund the purchase price to a life tenant whose lease is terminated. Other models include the following: The tenant receives the refund of the purchase price

Life Lease Housing and Seniors #351

Legally Speaking

By Gerry Neely B.A. LL.B Life lease is a term for an alternative residence and ownership arrangement for seniors. The term has been growing in BC over the past ten years because of its appeal to seniors with shared interests and values. The typical arrangement involves a non-profit service club or church sponsoring the construction

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