Header graphic for print
The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: Strata Property Act

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

The BC Legislature Takes a Crack at Solving the Problem of Aging Strata Properties

Posted in Commercial, Construction, Policy, Residential

On October 8, 2015, the BC Legislative Assembly introduced a Bill that could significantly expedite the redevelopment of aging strata properties in the Province. Bill-40 includes proposed amendments to a variety of statutes, including the Residential Tenancy Act, the Petroleum and Natural Gas Act, and the Oil and Gas Activities Act.  For developers, strata lot owners and strata corporations, however, the most significant aspect of the Bill concerns the Strata Property Act, and the voting threshold that must be met in in order to dissolve a strata corporation.… 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

Strata Property Act Amendment Offers Remedy for Deadlocks on Special Levies

Posted in Commercial, Litigation

On December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force that allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs.

Prior to the amendment, strata corporations required a ¾ vote in favour to impose a special levy to raise money for needed repairs to common property. This could result in deadlock and delay when owner opinion was divided, exacerbating damage and unsafe conditions.

On application by a strata corporation within 90 days of it receiving at least … Continue Reading