The CRT implementation site (http://www.civilresolutionbc.ca) will have information about how the CRT will work, updates on the progress toward implementing the CRT, and guest posts on a variety of related subjects, including online and alternative dispute resolution.
The Strata Property Act (SPA or ‘the Act’) mandates that a Strata Corporation must have Bylaws. Those bylaws allow for the Strata Corporation to govern the use of Common Property, such as a parkade, stairwell, lobby or other shared facility. Bylaws can also govern the use of Strata Lots themselves – restricting the behaviour of Owners within property that they own. It is for this reason that a Strata Corporation is sometimes referred to as a ‘4th Level of Government’. Sometimes a Strata Corporation’s Bylaws may conflict with other legislation, and the question arises as to whether or not those Bylaws are enforceable. We’ve included below some general commentary, which should not be interpreted as legal advice. If you are concerned with whether or not a specific Bylaw is enforceable, it is certainly prudent to seek legal advice.
Followers of our blog will know that the BC Government is preparing the Civil Resolution Tribunal (CRF) for action beginning in 2015.
Though there was a temporary Chairperson appointed, the government has now appointed a permanent chair, Ms. Shannon Salter.
The CRT will provide online access to Strata Property Owners wishing to resolve strata property disputes and small claims.
More information about Ms. Salter and the CRT can be found at the CHOA website.
First off, our standard disclaimer- we are not lawyers, nor do we offer legal advice; however, the following is not actually legal advice, but an advisory and commentary on a recent ruling on a very interesting (if somewhat extreme) case… and it is from an actual lawyer. An industry colleague of ours, the law firm of Lesperance Mendes has kindly provided permission to share the following article written by their own Catherine Scott, and we do so here with many thanks.
When is a Strata Council entitled to levy a fine against an Owner for a contravention of a Bylaw or Rule? This is a common question and it is important that all Council members familiarize themselves with the process, so that fines which are levied are not overturned later on if challenged.
In a previous post, we wrote about the subject of investments permitted by Regulation 6.11 of the Strata Property Act. This Regulation had been one of the more confusing and ambiguous sections of the Act and the source of a great deal of controversy.
The Regulations were recently updated and proclaimed by the Government in an effort to reduce the confusion and clarify what types of investments are permitted. The new Regulations dramatically reduced the number of allowable investments under the Strata Property Act. This topic may not have affected you or our Strata Corporation yet, but particularly in light of the rising levels of Contingency Reserve Funds associated with Depreciation Reports, it is likely a topic that would have arisen sooner or later.
Recent Amendments made to the Strata Property Act
Further to advisories sent out by The Canadian Condominium Institute (CCI), Strata Property Agents of BC (SPABC) (information from both of which are included below) and others this past week, please be advised that there have been amendments to the Strata Property Act (SPA). These amendments were included in the Natural Gas Amendment Bill (Bill 12: Natural Gas Development Statues Amendment Act) which has received Royal Assent as of April 9th. The amendments to SPA (in sections 39 – 44 of the bill) take effect as of that date.
Changes to the Strata Property Act – An Update
In 2009, the BC Provincial Government announced several significant changes to the Strata Property Act. The amendments had three main components which were written about and widely publicized. They were:
– A requirement that strata corporations conduct a Depreciation Report, a subject we have written about on many occasions;
– The creation of a Dispute Resolution Tribunal, which has not yet come into force but which is still being worked on, and;
– A requirement that strata corporations perform an audit of their financial statements on an annual basis.
Exciting Industry News: The RCM Designation comes to British Columbia
Stratawest would like to acknowledge and congratulate six members of our property management staff for the successful completion of the Registered Condominium Manager (RCM) curriculum and, accordingly, their recently received designation as RCM’s. Those Property Managers are: Linda MacSeafraidh, Monica Dare, Adam Lord, Muryn Merta, Jason Kurtz and Cory Pettersen. Stratawest is a strong supporter of ongoing education for property managers and we are very proud to have the highest concentration of RCM designates of any firm in B.C.
Quite often, there is an awkward moment towards the end of Annual General Meetings where neighbours look at each other and wonder who would be crazy enough to volunteer for the Strata Council. Thankfully, most Strata Corporations have enough interested owners to fill out the Council; however, there are many buildings where this is unfortunately not the case. Prior to those particular elections and during the call of nominations, crickets chirp and tumbleweeds roll. Usually, some brave soul will step up to the plate and be the first to raise their hand to volunteer or perhaps will be “volun-told” by their significant other. Then a neighbour will be cajoled because they have a background in accounting, or law, or construction, and will eventually acquiesce. On it goes, and eventually enough hands are raised to elect a council made up of neighbours.
We respectfully acknowledge that the land on which we work, live, and gather is the traditional and unceded territory of the Coast Salish Peoples, including the territories of the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh) Nations.
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