Strata Property 2019
Course Date: October 17, 2019
Total: 5h 16min
Total Ethics: 1h 1min
Course Date: October 17, 2019
Welcome and Land Acknowledgement
Strata Property Basics
- what is a strata corporation?
- how is it formed?
- who "owns" it?
- different types: apartment, townhome, bareland, commercial, sections
- understanding the strata plan
- how to read it
- common property versus strata lot versus limited common property
- bylaws
- what are they and why do they matter?
- how are they passed?
- how are they enforced?
- how are rules different?
- how are decisions made?
- general meetings: AGM & SGM
- voting thresholds
- strata council decisions: what can it decide?
- what is the strata council and what does it do?
- how is it formed?
- duties and responsibilities
- finances
- what are strata fees and how are they determined?
- operating fund versus contingency reserve fund
- special levies
- how is money collected?
- repair and maintenance
- who is responsible for what?
- what does it mean to "repair"?
- insurance
- what does the strata corporation insure?
- who pays the deductible?
Shawn M. Smith — Cleveland Doan LLP, White Rock
Electric Vehicles
- background and summary of infrastructure
- parking
- relevant regulations
- practical suggestions
Jennifer L. Neville — Hamilton & Company, New Westminster
Break
CRT Decisions Update: You be the Adjudicator
- an interactive session where you are the adjudicator
- what did the CRT decide?
- what would you have decided?
Adrienne M. Murray — Hamilton & Company, New Westminster
Judicial Appeals and Interpretations
- when can you challenge a CRT decision?
- where do you challenge a CRT decision?
- why challenge a CRT decision?
- who has successfully challenged a CRT decision?
- what are the challenges with challenging a CRT decision?
Philip Dougan — Citadel Law Corporation, Vancouver
Lisa N. Mackie — Alexander Holburn Beaudin + Lang LLP, Vancouver
Networking Lunch (Provided)
Human Rights, Privacy, and Disclosure of Personal Information
- a strata corporation's obligation to disclose documents containing personal information under the Strata Property Act
- the protection of personal information and the purpose of the Personal Information Protection Act
- reporting of council decisions made in compliance with the Human Rights Code
- an analysis of the interplay and conflict among these three pieces of legislation
Veronica P. Franco — Clark Wilson LLP, Vancouver
Winding Up a Strata Corporation
- what is a winding up?
- how do they work? (focus on division 2 winding up with liquidator)
- what have we learned since the 2016 SPA amendments?
Allyson L. Baker — Clark Wilson LLP, Vancouver
Break
Collections and the Baettig Decision
- history and context
- a brief overview of the legislative and judicial history of cost recovery for strata collections
- analysis of the BC Court of Appeal decision on Baettig and its implications for strata collections process and cost recovery
- practical considerations and risks that can jeopardize legal expense recovery
- subsequent developments and implications of the Baettig decision for strata bylaw enforcement proceedings
Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna
Conflicts of Interest in a Strata Property Law Practice
- the different types of potential conflicts encountered by strata lawyers
- unique conflict issues in strata: internal conflicts, business conflicts
- when can you act, despite the conflict?
- conflict searches in a strata law practice
Paul G. Mendes — Lesperance Mendes, Vancouver
Hot Topics Round Table
Allyson L. Baker — Clark Wilson LLP, Vancouver
Philip Dougan — Citadel Law Corporation, Vancouver
Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna
Veronica P. Franco — Clark Wilson LLP, Vancouver
Lisa N. Mackie — Alexander Holburn Beaudin + Lang LLP, Vancouver
Paul G. Mendes — Lesperance Mendes, Vancouver
Jennifer L. Neville — Hamilton & Company, New Westminster
Shawn M. Smith — Cleveland Doan LLP, White Rock
Closing Remarks
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