CLE Online

Welcome and Land Acknowledgement (9:00 – 9:10)

Elder George Harris — Stz'uminus First Nation

Strata Property Basics (9:10 – 10:05)

• 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

BREAK (10:05 – 10:15)

General Meetings: What You Need to Know (10:15 – 10:45)

• the future of electronic general meetings
• rules of order
• amending agendas
• motions from the floor
• amendments, etc.
• proxies

Veronica P. Franco — Clark Wilson LLP, Vancouver

BREAK (10:45 – 10:55)

Key Civil Resolution Tribunal Decisions (10:55 – 11:35)

• bylaw enforcement—tips to ensure that fines will be enforceable
• chargeback—damage and insurance deductibles
• recovering legal fees
• dealing with smoking complaints

Adrienne M. Murray — Hamilton & Company, New Westminster

Strata Hotels (11:35 – 12:05)

• the Pierce decision
• the Whistler decision
• how strata hotels are set up and how to address the issues that arise

Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver

LUNCH (12:05 – 12:45)

The ABC's of Practice Before the CRT: Practice Tips for Lawyers (12:45 – 1:25)

• Can you Hear Me Now?: Navigating the s. 34.1 hearing and other pre-filing requirements
• Rules are Rules: Key requirements to keep in mind under the CRT Rules of Procedure
• Help! I Need Somebody: Assisting your clients as a "helper" or formal representative
• Not in my Backyard: Useful jurisdictional arguments and preliminary issue applications
• Get it Together: How to organize your file for facilitation and adjudication
• The Price of Doing Business: Obtaining costs at the CRT

Anil K. Aggarwal — Alexander Holburn Beaudin + Lang LLP, Vancouver
Lisa N. Mackie — Alexander Holburn Beaudin + Lang LLP, Vancouver

Rental Hardship (1:25 – 1:55)

• making a hardship application as an owner
• assessing hardship as a strata council
• consequences of missed response deadlines and challenging a strata council's decision

Oscar Miklos — Refresh Law, Burnaby

BREAK (1:55 - 2:05)

Top Five Surprising Cases Every Strata Corporations's Lawyer Should Know  (2:05 – 2:35)

• #5—standard of correctness applies to CRT strata claims on judicial review
• #4—strata corporations may claim reasonable costs of enforcing bylaws
• #3—no limitation period for fines and other penalties under the SPA
• #2—no pre-incorporation fiduciary duties on developers?
• #1—the strict application of the SPA can be significantly unfair (s. 164)

Alexander J. Chang — Lesperance Mendes, Vancouver

BREAK (2:35 – 2:45)

Handover from Owner-Developer to Strata Council and the First Annual General Meeting (2:45 – 3:15)

Top pitfalls and missed opportunities:

• First AGM not held by statutory deadline. SPA protects against owner-developer improperly delaying democratic control by the ownership (ss. 16, 17 and Reg. 3.1(2))
  • owner-developer perspective—hold the first AGM as soon as feasible to avoid liability—penalties quickly increase to $1,000 per week
  • owner perspective—call the meeting directly per s. 17 to enforce statutory penalties
• Under-budgeting. Interim period expenses exceeded the developer's interim budget. SPA enforces a high standard of adequate and accurate budgeting, disclosure of expected expenses to purchasers, fiscal responsibility, and expense transparency.
• Assess the state of strata finances financial records.
• Identify deadlines for deficiency and warranty claims, and ensure adequate inspection and reporting.
• Confirm provision, completeness and adequacy of records, documentation and keys.
• Check the bylaws and operations, including insurance, section operations, division of expenses, and completion of phases.
• Issues regarding long term contracts, property use assignments, and ongoing services.

Matthew D. Fischer — Fischer and Company Law Corporation, Kelowna

BREAK (3:15 – 3:25)

Top Five Topics for Solicitors (3:25 – 3:55)

• crane swing agreements
• strata corporation borrowing
• cost sharing agreements
• alteration and indemnity agreements
• parking leases

Jennifer L. Neville — Hamilton & Company, New Westminster

Hot Topics Roundtable (3:55 – 4:25)

• COVID vaccine passports or related restrictions for strata corporation meetings and common facilities
• mail-in ballots and "restricted proxy" voting
• video surveillance—recent decision of the Office of the Information and Privacy Commissioner in The Owners, Strata Plan BCS 1964 (Icon 1 and 2)

Moderator: Philip Dougan — Citadel Law Corporation, Vancouver
Anil K. Aggarwal — Alexander Holburn Beaudin + Lang LLP, Vancouver
Alexander J. Chang — Lesperance Mendes, 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
Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver
Oscar Miklos — Refresh Law, Burnaby 
Adrienne M. Murray — Hamilton & Company, New Westminster
Jennifer L. Neville — Hamilton & Company, New Westminster
Shawn M. Smith — Cleveland Doan LLP, White Rock

Closing Comments (4:25 – 4:30)

Lisa N. Mackie — Alexander Holburn Beaudin + Lang LLP, Vancouver
Jennifer L. Neville — Hamilton & Company, New Westminster