Bylaw Enforcement
This paper was prepared for the April 2012 conference on real estate law hosted by the Trial Lawyers Association of British Columbia. The paper reviews the basics condominium bylaw enforcement ranging from fines to injunctions and evicting troublesome owners and tenants.
An Overview of Strata Lot Types and Sections
A review of how common expenses and special levies are allocated to different strata lot types and sections.
Bylaw Veto for Non-owners
This is a case comment that has made a number of sweeping changes to strata law in British Columbia. It has much to say about condominium governance, especially when there are sharp divisions between competing factions of owners (residential and non-residential).
Canceling Caretaker Contracts
This paper examines legal considerations arising on the termination of caretaker contracts.
Ontario Court Evicts Unruly Owner
This is a case comment on an Ontario court decision that has ordered a condominium owner to sell her suite and leave the building after years of unruly behaviour. We take a further look at how this decision has important implications for strata corporation in British Columbia.
Privacy Legislation for Strata Corporations and Property Managers
The author reviews the duties of strata corporations and property managers under the Personal Information and Privacy Act.
Strata Alert: D & O Insurer Denies Coverage for Strata Council, December 23, 2010
The Strata Property Act (SPA) s. 149 puts an obligation on the strata corporation to obtain property insurance and liability insurance. The SPA also empowers a strata corporation to take out optional forms of coverage, such as directors' and officers' errors and omissions insurance also known as "D&O" coverage.
Strata Alert: Disclosure of Draft Building Envelope Reports to Prospective Purchasers
Strata agents will occasionally be at odds with their strata councils over what information needs to be disclosed to prospective purchasers. Some councils, for example, are reluctant to disclose draft building envelope reports or reports that have not yet been circulated to the owners.
Strata Alert: HPO Residential Construction Performance Guide, March 24, 2011
Strata agents should be aware that BC Housing and the Homeowner Protection Office have recently issued the "Residential Construction Performance Guide" (the "Guide").
Strata Alert: Proxy Battles at General Meetings
The Strata Property Act allows owners to attend general meetings in person or by proxy. When a controversial issue is on the agenda, proxies will usually determine the outcome of the meeting. Proxies can also play an important role in establishing a quorum where owner interest in the business of the strata corporation is low.
Strata Alert: The Duty to Repair and Maintain, December 17, 2010
Strata Property Act s. 72(1) provides that, subject to certain exceptions, the strata corporation is responsible for the repair and maintenance of the common property and the common assets of the strata corporation.
The Bluffer's Guide to Resolution Writing
This article provides practical tips on preparing effective resolutions.
The Law of Tendering: A Hidden Trap for Strata Corporations?
The author examines legal issues arising from invitations to tender and recommends precautions to reduce the risk of liability to disappointed bidders.
