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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: BC Strata Corporations

BCCA Considers What Constitutes a “Habitable Area” in Determining Strata Unit Entitlements

Posted in Policy

Introduction

 

The allocation of a strata corporation’s expenses among owners can create friction, especially when the method of calculation is seen by some owners to be unfair, inconsistent, or inequitable. This is precisely the scenario that arose in Barrett v. The Owners, Strata Plan LMS3265,[1] a case in which the B.C. Court of Appeal considered what constitutes a “habitable area” in determining unit entitlements, as well as the law on inaccurate schedules of unit entitlement.… Continue Reading

BCSC Declines to Confirm Strata Wind-Up Resolution for the First Time

Posted in Policy

Introduction

In July 2016, the Strata Property Act (British Columbia) (the “Act”) was amended in order to make it easier for strata corporations[1] to voluntarily wind themselves up using a liquidator.[2] Previously, a resolution initiating the wind-up process and appointing a liquidator required unanimous approval from the owners. Unanimous approval was, not surprisingly, rarely achieved. To address this issue, the Act was amended to provide that a resolution receiving 80% approval would suffice, provided a court subsequently confirms the resolution. In The Owners, Strata Plan VR 1966, 2017 BCSC 1661, the B.C. Supreme Court … Continue Reading

Notes on the Management of BC Strata Corporations with Sections

Posted in Municipal

Over the course of 2013 it came to the attention of the Real Estate Council of British Columbia (“RECBC”) that the legislative requirements related to the management of strata corporation sections were not fully understood by much of the strata management industry. RECBC began a campaign to educate licensees and established a ‘phase-in’ period of 18 months in which brokerages and individual licences providing strata management services to strata corporation sections are expected to bring their business practices into compliance with the legislative requirements. The compliance ‘phase-in’ period commenced with the publication of a Special Report from Council in March … Continue Reading