Real Estate Advanced Topics 2016


Course Date: October 28, 2016

Total: 5h 15min

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. WilsonLawson 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 TravisLawson 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. LewisBorden 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. EllingsonTerra 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. BakerClark Wilson LLP, Vancouver 
Jennifer L. NevilleHammerberg 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 GioventuThe Condominium Home Owners Association, New Westminster
Darren T. DonnellyClark Wilson LLP, Vancouver

Questions and Closing Remarks