Real Estate Advanced Topics 2016


Course Date: October 28, 2016

Total: 5h 11min
Course Agenda ▼

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