CLEBC - Courses On Demand

Strata Property Update 2021

Course Date: October 20, 2021

Full Course Materials

Total: 5h 57min

Total Ethics: 57min

Course Agenda ▼

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