In his general litigation practice, Michael advises and represents strata property managers, strata corporations and
strata owners in a wide variety of disputes under the Strata Property Act and under the home warranty and REDMA provisions.
Joint ownership of property whether it be in joint tenancy, tenants - in - common, or as
a strata owner in a complex, is becoming increasingly common and more complex as time goes on.
Not exact matches
It came to light when Dehsabzi filed a summons
in the Supreme Court of NSW against the apartment's
Owners Corporation
Strata Plan, a group of residents who are trying to stop him fitting out and trading from one of the units as a Domino's Pizzeria.
Each Palm Cove holiday apartment may have been decorated differently to the apartment next door as they are
strata titled which means the individual
owners may not have purchased the developers fit out package so each time you stay
in the same Palm Cove apartment complex you may be treated to a different floor plan and different furniture fit out.
The British Columbia Supreme Court recently ordered a condominium unit
owner to cease smoking
in his unit
in contravention of the
strata corporation's...
In the B.C. case, unit owners were forced to sell their unit not because they were a threat to other residents (which we have seen in other cases) but because the unit owners continued to bring court proceedings one after another for 6 years because of a disagreement between the unit owners and the Strata Corporation over parking regulation
In the B.C. case, unit
owners were forced to sell their unit not because they were a threat to other residents (which we have seen
in other cases) but because the unit owners continued to bring court proceedings one after another for 6 years because of a disagreement between the unit owners and the Strata Corporation over parking regulation
in other cases) but because the unit
owners continued to bring court proceedings one after another for 6 years because of a disagreement between the unit
owners and the
Strata Corporation over parking regulations.
In The
Owners,
Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute, strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue rea
Strata Plan NW 499 v. Louis, 2015 BCSC 1487, Mr. Justice Armstrong held that, although creatures of statute,
strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue rea
strata corporations were not «government» for the purposes of the Charter and therefore, the disgruntled Mr. Louis» constitutional arguments were not supportable Continue reading →
The
Strata Property Act used to require the consent of all of the owners to terminate a strata corporation (although the court could allow termination with less than unanimous consent in some circumsta
Strata Property Act used to require the consent of all of the
owners to terminate a
strata corporation (although the court could allow termination with less than unanimous consent in some circumsta
strata corporation (although the court could allow termination with less than unanimous consent
in some circumstances).
14.1 For the purposes of sections 241 and 242 of the Act, «previously occupied» means occupied at any time
in its past for any purpose, including residential, commercial, institutional, recreational or industrial use, but does not include the occupation of a proposed
strata lot by the
owner developer solely as a display lot for the sale of
strata lots
in the proposed
strata plan.
(3) The registrar must not register an indefeasible title covering more than one
strata lot and its
owner's share
in the common property.
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that a resolution referred to in section... [section number] of the Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
Strata Plan... [the registration number of the
strata plan] certify that a resolution referred to in section... [section number] of the Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
strata plan] certify that a resolution referred to
in section... [section number] of the
Strata Property Act or section... [section number] of the Strata Property Regulation was passed by
Strata Property Act or section... [section number] of the
Strata Property Regulation was passed by
Strata Property Regulation was passed by a....
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that a resolution referred to in section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
Strata Plan... [the registration number of the
strata plan] certify that a resolution referred to in section 269 of the Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
strata plan] certify that a resolution referred to
in section 269 of the
Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agre
Strata Property Act was passed by a 3/4 vote at an annual or special general meeting held on... [month day, year], and that the attached instrument, schedule, plan or other document conforms to the amalgamation agreement.
(b) the
owner developer must calculate the contribution to the contingency reserve fund required under section 12 of the Act as a percentage of the estimated annual operating expenses as set out
in the interim budget for the new phase of the
strata plan only;
5.1 (1) An
owner who wishes to decrease the habitable part of the area of a residential
strata lot without amending the Schedule of Unit Entitlement need not comply with the requirements set out
in section 70 (4) of the Act.
3
In addition to the number of residential
strata lots rented out by the
owner developer as of the date of this statement, the
owner developer reserves the right to rent out a further... [number] residential
strata lots, as described below, until the date set out opposite each
strata lot's description.
13.5 (1) At the annual general meeting held under section 230 of the Act, 2 additional members of the council must be elected from the
owners of
strata lots
in the new phase to hold office until the next annual general meeting of the
strata corporation.
(a)
in respect of the application of section 12 of the Act, the
owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the
strata corporation established by the deposit of the first phase of the phased
strata plan,
(2) If a
strata plan was deposited under the Condominium Act, and the
owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions of the Condominium Act were still
in force, section 17 (b) of the Act does not apply.
(2) For the purposes of section 195 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of
strata lot
in a section, and that type is identified as a type of
strata lot
in the bylaws of the section, the contribution is shared only by
owners of
strata lots of that type, and each
strata lot's share of that contribution is to be calculated
in accordance with the following formula and not
in accordance with the formula set out
in section 195 of the Act:
(b)
in respect of the application of section 12 of the Act, the
owner developer is not required to establish a separate contingency reserve fund for the new phase, but must pay the required amount into the contingency reserve fund of the
strata corporation established by the deposit of the first phase of the phased
strata plan,
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the attached document (s) referred to in section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
Strata Plan... [the registration number of the
strata plan] certify that the attached document (s) referred to in section 283 of the Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
strata plan] certify that the attached document (s) referred to
in section 283 of the
Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day,
Strata Property Act were approved by a resolution passed by a 3/4 vote at an annual or special general meeting held on... [month day, year].
11.3 (1) For the purposes of section 195 of the Act, but subject to a resolution under section 100 or 108 (2)(b) of the Act, if a section has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the
strata lots
in the section, a contribution to the operating fund or a special levy
in respect of the repair or maintenance of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share of the contribution or special levy is to be calculated
in accordance with the following formula and not
in accordance with the formula set out
in section 195 of the Act:
13.3 (1) Despite section 100 of the Act, if an
owner developer is
in compliance with the dates for the beginning of construction of each phase as set out
in the Phased
Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration or amended Phased
Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration, the
strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata corporation established by the deposit of a phased
strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the
strata corporation obtains the written consent of the owner deve
strata corporation obtains the written consent of the
owner developer.
6.4 (1) For the purposes of section 99 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property, the contribution is shared only by
owners of the
strata lots entitled to use the limited common property, and each
strata lot's share of that contribution is to be calculated
in accordance with the following formula and not
in accordance with the formula set out
in section 99 (2) of the Act:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
Strata Plan... [the registration number of the
strata plan] certify that the following or attached amendments to the bylaws of the strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
strata plan] certify that the following or attached amendments to the bylaws of the
strata corporation were approved by a resolution passed in accordance with section 128 of the Strata Property Act at an annual or special general meeting held on... [month day, ye
strata corporation were approved by a resolution passed
in accordance with section 128 of the
Strata Property Act at an annual or special general meeting held on... [month day, ye
Strata Property Act at an annual or special general meeting held on... [month day, year] *:
(2) Despite any provision of the Act, if an
owner developer is
in compliance with the dates for the beginning of construction of each phase as set out
in the Phased
Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration or amended Phased
Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
Strata Plan Declaration, a
strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata corporation established by the deposit of a phased
strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the strata corporation obtains the written consent of the owner deve
strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236 (2) of the Act, unless the
strata corporation obtains the written consent of the owner deve
strata corporation obtains the written consent of the
owner developer:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Plan... [the registration number of the
strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
strata plan] certify that the information contained
in this certificate with respect to
Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Lot... [
strata lot number as shown on strata plan] is correct as of the date of this certif
strata lot number as shown on
strata plan] is correct as of the date of this certif
strata plan] is correct as of the date of this certificate.
6.5 (1) For the purposes of section 99 of the Act, but subject to a resolution under section 100 or 108 (2)(b) of the Act, if a
strata corporation has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the
strata lots, a contribution to the operating fund or a special levy
in respect of the repair or maintenance of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share of the contribution or special levy is to be calculated
in accordance with the following formula and not
in accordance with the formula set out
in section 99 (2) of the Act:
The
strata corporation petitioned for an order requiring the
owner to sell her residential unit and to cease residing
in the
strata property.
The
Owners,
Strata Plan NW2575), he notes, the CRT ruled against a strata corporation that had insurance defence coverage for a claim, including legal representation as an insurance benefit, being allowed to have the lawyer appointed by their insurer represent them in the
Strata Plan NW2575), he notes, the CRT ruled against a
strata corporation that had insurance defence coverage for a claim, including legal representation as an insurance benefit, being allowed to have the lawyer appointed by their insurer represent them in the
strata corporation that had insurance defence coverage for a claim, including legal representation as an insurance benefit, being allowed to have the lawyer appointed by their insurer represent them
in the claim.
As a result of amendments to the Real Estate Services Act
in March 2015, which authorized the council to appoint one member representing
strata property owners, former public member John Nagy of Delta has joined as the first Strata Owner m
strata property
owners, former public member John Nagy of Delta has joined as the first
Strata Owner m
Strata Owner member.
Section 9 - 3 of the Rules allows an individual licensee who is a
strata lot
owner to provide
strata management services to or on behalf of the
strata corporation
in which the
strata lot is a member so long as the licensee:
The exemption
in Section 2.17 of the Real Estate Services Regulation that enables a
strata lot
owner to provide
strata management services is limited to individuals who are
owners.
Generally, a brokerage that provides
strata management services to a
strata corporation, while at the same time providing rental property management services or trading services to an
owner of a
strata lot
in a
strata corporation, is
in a conflict of interest situation.
In addition, the following exemption applies to
strata council members who are
strata lot
owners and who are not licensees.
VIS9999 pays
strata agent, John J. John (JJJ), who is an
owner in the complex, to provide
strata management services.
This means that it is not sufficient for a rental property manager or
strata manager to include reference to an administration fee, or to the fact that an associated company will provide services to the property
owner or
strata corporation
in the service agreement.
does not provide these services to more than 2
strata corporations
in which they are a
strata lot
owner;
Joan may help the
strata corporation set up pre-authorized, direct deposit payments for
owners, but may not handle (i.e., receive, deposit or expend) money
in any form.
In addition, the owner / developer is exempt from the requirements to be licensed as a strata manager in respect of the strata management services that it provides on behalf of the strata corporation until the control of the strata corporation's money is required to be transferred to the strata corporatio
In addition, the
owner / developer is exempt from the requirements to be licensed as a
strata manager
in respect of the strata management services that it provides on behalf of the strata corporation until the control of the strata corporation's money is required to be transferred to the strata corporatio
in respect of the
strata management services that it provides on behalf of the
strata corporation until the control of the
strata corporation's money is required to be transferred to the
strata corporation.
In relation to a strata corporation, the owner - developer, as defined in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
In relation to a
strata corporation, the owner - developer, as defined in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation, the
owner - developer, as defined
in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
in the
Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act
in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
in respect of
strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata management services provided to or on behalf of the
strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation, but only until control of the
strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation's money is required to be transferred under section 22 of the
Strata Propert
Strata Property Act.
In the case of rental property management or
strata management services, the written service agreement will be the management contract between the brokerage and the
owner of rental real estate or the
strata corporation respectively.
The
owner of the
Strata Estate Suites stopped making monthly payments
in December 2013, just five months after the mortgage was packaged with real estate debt from across the U.S. and sold to investors
in a $ 1 billion commercial - mortgage bond offering, according to data compiled by Bloomberg.
«former
strata owner representative» means a member of the former council appointed
in accordance with section 74.1 [
strata owner representative], as that section read immediately before the coming into force of this section.
2.19
In relation to a strata corporation, the owner developer, as defined in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
In relation to a
strata corporation, the owner developer, as defined in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation, the
owner developer, as defined
in the Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
in the
Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
Strata Property Act, is exempt from the requirement to be licensed under Part 2 of the Act
in respect of strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Property Ac
in respect of
strata management services provided to or on behalf of the strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata management services provided to or on behalf of the
strata corporation, but only until control of the strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation, but only until control of the
strata corporation's money is required to be transferred under section 22 of the Strata Propert
strata corporation's money is required to be transferred under section 22 of the
Strata Propert
Strata Property Act.
The
owner is limited to managing no more than two
strata corporations, provided the
owner owns a
strata lot
in each of the
strata corporations.
The interests of the
strata lot
owner with respect to the rental of the unit may be different than those of the
strata corporation, and the
strata management company providing the
strata management and rental property management services may not be able to act
in the best interest of both clients
in providing both of these services.
9 - 3 (1) Subject to this section, the Act and these rules do not apply to an individual licensed as a managing broker, associate broker or representative who is a
strata lot
owner in relation to
strata management services provided to or on behalf of the
strata corporation of which the licensee is a member by reason of being a
strata lot
owner, if all the following conditions are met:
strata lot owner means a person who is the owner, as defined in the Strata Property Act, of a strat
strata lot
owner means a person who is the
owner, as defined
in the
Strata Property Act, of a strat
Strata Property Act, of a
stratastrata lot;
* There is provision
in the Real Estate Services Act that exempts a self - managed
strata corporation from the licensing requirements when an
owner is providing the
strata management services.