Strata Property 2019


Course Date: October 17, 2019

Full Course Materials
Total: 5h 16min
Total Ethics: 1h 1min

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