Tag Archives: strata companies

Changes to Strata Property Act pave the way for strata redevelopment

New strata corporation wind-up rules effective today. We can help.

This is very big news. And very good news. Today the provincial government issued the following press release:

Proposed amendment to the Strata Property Act

A proposed change to the Strata Property Act will make it easier for owners to terminate a strata corporation by lowering the voting threshold from unanimous to 80%.

 Owners may wish to terminate their strata corporation for several reasons. As older strata corporations reach the end of their life cycle, major building and common property components start to fail, resulting in expensive repair bills. In some cases, strata owners want to sell the property to a developer who can put it to better or more profitable uses. For example, strata members living in a low-rise building on a large property may see the opportunity to have the land redeveloped into a larger building with more units.

Read full article

Form G – Certificate of Lien: Checklist of What Charges to Include

By Nancy Vianello

Strata Property Act, SBC 1998, c. 43, s. 116

Determine claims pursuant to s. 116(1) of the Strata Property Act which may be included in the lien amount. This amount may include:

  1. arrears of strata fees;
  2. arrears of special levy(ies);
  3. interest on arrears of strata fees if charged pursuant to a Bylaw and in accordance with the Act; or
  4. costs of work done to a strata lot pursuant to a Work Order issued by a governmental authority.
Read full article

Strata Collections: What You Need to Know Starting June 1, 2013

By Veronica Franco

When dealing with most legal issues in strata corporations, the first place to look for guidance is the Strata Property Act. However, other legislation can have a significant impact on the business of strata corporations. The Limitation Act, R.S.B.C. 1996, c. 266 (the “Current LA”) sets out the limitation period, which is the time period that an individual, including a strata corporation, has to file a civil claim. Under the Current LA, different causes of action or types of lawsuits have different limitation periods, which are generally two, six or ten years. The limitation period begins to run on the date on which the person has the right to bring an action. In certain circumstances, the start of the limitation period can be postponed.

Read full article

The Use of Video Surveillance by Strata Corporations

By Larry Munn

A recent decision of the British Columbia Privacy Commissioner’s Office provides useful guidance for all strata corporations using or considering the use of video surveillance. In Order P09-02 (Shoal Point Strata Council), certain strata residents had complained to the Commissioner’s Office regarding the use of video surveillance in their strata corporation. In response to the initial complaint, the Strata Corporation adopted a “Policies and Procedures for Video Monitoring”, but the complainants were of the opinion that their privacy rights were not sufficiently addressed by the policies and procedures, given the type of surveillance that was being undertaken. The complainants agreed that video surveillance served a useful security purpose at the building entrances and in the parkade, but felt that the use of video surveillance in the pool area and outside the fitness centres was not warranted. They were also concerned about the use of the footage to determine bylaw infractions, as well as the live-feed from certain cameras to all units in the building.

Read full article

Are You Insured? Owners, Tenants and Occupants may not be … depending on the policy wording

By Allyson Baker

Some owners, tenants and occupants do not take out personal liability insurance. One reason for that decision may be the belief that they are covered under the strata corporation’s liability policy.

Read full article

Effective Communication

By Pat Williams

Where does Clark Wilson LLP obtain its business? There are a number of ways, which include profile having been involved in the industry for thirty years, writing articles such as this one, giving presentations and seminars, word of mouth, names on Court decisions, and so on. Referrals from property managers is probably the most significant method from which Clark Wilson gets business. As a result, we discourage individuals from contacting us on behalf of themselves when they have a dispute with a managing agent or the strata council. Indeed, we find a substantial likelihood of conflicts when considering providing services to a strata lot owner.

Read full article