CLE Online

Welcome and Introduction

Disclosure Statements

• review of a sample disclosure statement and review of the following issues:
  • can you provide too much information?
  • what should be disclosed as an exhibit?
  • who is the developer?
  • Policy Statements 5 & 6: when they are satisfied?
  • phasing issues
  • parking stalls and storage lockers
  • budgets
  • when does an amendment need to be filed?
  • how to avoid making mistakes in your disclosure statement (and how to correct a mistake if you make one)

Arnon A. Dachner — Dentons Canada LLP, Vancouver
Greg Fabbro — Terra Law Corporation, Vancouver
Sarah W. Jones — Clark Wilson LLP, Vancouver
Mark V. Lewis — Borden Ladner Gervais LLP, Vancouver

Break 

New Registration on Assignments and the Real Estate Court

• new RESA restrictions on assignments
• disclosure obligations imposed on real estate licensee 
• common problems with new requirements  
• ways around the new restrictions
• changes to the Real Estate Council
• new role of the Superintendent of Real Estate

Edward L. Wilson — Lawson Lundell LLP, Vancouver

Case Law Update

• potential changes to conveyancing practice (Lin v. CIBC Mortgages Inc.)
• partnership transactions and leasehold transfer approvals (Hudson's Bay Company v. OMERS Realty Corporation)
• deemed reliance and damages under REDMA (The Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership)

Chad Travis — Lawson Lundell LLP, Vancouver

Networking Lunch

Drafting Contract of Purchase and Sale

• drafting tips for commercial purchase and sale agreements
• vendor’s and purchaser’s perspectives
  
  Mark V. Lewis — Borden Ladner, Gervais LLP Vancouver   

Recent Legislative Activity: Additional Property Transfer Tax and Vacancy Tax

• amendments to the property transfer tax
• City of Vancouver vacancy tax
• current developments and implications
• new PTT returns and bare trusts

Beverly G. Ellingson — Terra Law Corporation, Vancouver
Noah M. Sarna — Thorsteinssons LLP, Vancouver

Panel Discussion

Break 

Complex Stratas

• Sections and Type
  • when can you have sections, types
  • are sections really needed?
  • control of common property by sections
  • drafting bylaws
  • who can file liens (Strata Property Act, sec. 116)
  • who issues form B Information certificates
  • strata AGMs and section AGMs
  • budget for sections
  • budget reconciliations for types
  • capital expenditures by section and types
• Air Space Parcel and Common Facilities Agreements
  • positive v. negative covenants and enforceability
  • mechanism for cost sharing
  • provision for shared costs in the operating budget
  • defined easement area
  • future repairs and replacements
  • assignment of duty to repair common property
• Phased Developments
  • waiving strata fees for future phases
  • budgets for subsequent phases and interim budgets
  • developer duty to contribute to amenities for later phases

Allyson L. Baker — Clark Wilson LLP, Vancouver 
Jennifer L. Neville — Hammerberg Lawyers LLP, Vancouver

Voluntarily Winding Up A Strata Corporation: Recent Change in Legislation

• roles of various parties
• resolutions of owners
• court approval
• understanding the complications for procedures and sequences of the liquidation cycle
• creating the business plan and requirements for the 80% vote resolution and court applications

Tony Gioventu — The Condominium Home Owners Association, New Westminster
Darren T. Donnelly — Clark Wilson LLP, Vancouver

Questions and Closing Remarks