Strata Property 2019


Course Date: October 17, 2019

Full Course Materials
Total: 5h 16min
Total Ethics: 1h 2min

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