Does a strata corporation have an absolute liability to a strata owner to pay for damages to an owner’s unit caused by an incident on the common property of the strata corporation…
Posts tagged with “Condominium Act”
Legally Speaking
Strata Corporation, Not an Insurer for Strata Owner; Management / Rental Pool Agreement – No Termination Date #341
Legally Speaking
Strata Property Act, Continued #325
An owner-developer now has the opportunity until the first annual general meeting to amend the strata plan to designate parking stalls as limited common property for the use of strata lot owners and, in addition, to…
Legally Speaking
Leaky Condo, Special Assessment, Approval by Ordinary Resolution Sufficient – but No Authority to Collect Lump-Sum Payment #310
Following upon the leaky condo case discussed in Column 304 of an owner’s refusal to pay a special assessment, is another case in which the developer…
Legally Speaking
Real Estate Agent, Active Director of a Company, Personally Liable for Breach of Statutory Trust by the Company #309
The Alberta Condominium Property Act requires that, upon the sale of residential units, substantial holdbacks from the sale proceeds to be paid to the developer…
Legally Speaking
Retail Strata #305
The businesses in a retail shopping centre in Richmond were carried on by owners or tenants of strata lots in a strata corporation…
Legally Speaking
Commission, Defaulting Buyer, Commission Payable to Listing Agent (continued) #298
We have leasehold strata plans and phased strata plans and now something entirely new: “sections.” A strata corporation may create sections to represent the different interests of owners…
Legally Speaking
Commission, Defaulting Buyer, Commission Payable to Listing Agent #297
When a buyer defaults and the listing agent sues the seller for commission, there have been two lines of legal thought as to whether the listing agent should succeed…
Legally Speaking
Condominium Act: Unresolved Issues #276
Completion of the revisions to the Condominium Act will be delayed, according to the Ministry of Finance and Corporate Relations to allow for a further discussion of the major five following issues…
Legally Speaking
Commission Trust and the Personal Property Security Act ; Condominium Act – Assessments, Defaulting Owner, Strata Corporation Priority Over a Mortgagee #272
Column No. 266 described a B.C. Court of Appeal decision that a valid trust can be created by a properly worded independent contractor contract, despite the illegality of that form of contract under…
Legally Speaking
Substantial Instead of Minor Changes to the Condominium Plan; Disclosure Statement – Failure to File Amendment, Material False Statement in the Budget #269
Since many developers are now pre-selling before there is a hole in the ground, their presentations to prospective buyers can only be based upon models, plans and sales brochures portraying the merits of the…
Legally Speaking
Condominium Act – Loss of Owner’s Right to Vote; Contract of Purchase and Sale – Paragraph 9 Exclusions of Representations, Etc. #268
Section 125(6) of the Condominium Act< states that except where a unanimous resolution is required, an owner is not entitled to vote at a general meeting, unless all contributions payable for the owner’s strata lot...
Legally Speaking
Condominium Jacuzzi’s Excessive Noise and Chlorine Odour #264
The Condominium Act, as out-of-date as it is in many respects, may provide a remedy to a strata lot owner, who finds that a decision of the strata council to manage part of the common facilities for the benefit of…
Legally Speaking
Condominium Age Restriction Upheld #259
Another decision concerning the right of a strata corporation to pass by-laws limiting occupancy to those of advancing years and to prohibit the rental of any strata units…
Legally Speaking
Water Damages to Owner’s Suite, Strata Corporation not Liable #252
Over a period of four years a ground floor condominium owner experienced water seeping through the exterior wall of her condominium…
Legally Speaking
Strata Owners Duties to Strata Corporation and to Prospective Purchasers #236
The Supreme Court of British Columbia is widening the remedies available to purchasers of condominiums against the former owner or the developer…
Legally Speaking
Age Restriction Unenforceable? #234
The frequency with which these columns are dealing with Section 30 of the Condominium Act, and the decisions the courts apparently feel obliged to make as a result of…
Legally Speaking
Owner Consent and Notice Requirements #223
Failure to comply with the Condominium Act may result in an unsuccessful action brought by a strata corporation or the failure of arbitration…
Legally Speaking
Strata Meeting – An Amendment to a Special Resolution #211
Column #210 discussed the impact upon adult only condominium developments of amendments to the Human Rights Act concerning discriminatory practices based upon the age or family status of a prospective tenant…
Legally Speaking
Adult Only Buildings and the Human Rights Act #210
How do amendments to the Human Rights Act (HRA) affect a developer pre-selling strata residential units in an intended adult only development?…
Legally Speaking
Removing Fixtures; Whim or Fancy #205
If section 441 of the Criminal Code of Canada were better known to tenants, less of them might trash rented premises. This section makes it an offense, punishable upon conviction for up to five years imprisonment…
Legally Speaking
Residential Tenancy – Renovations and Long Term Leases; Commercial Lease – Letter Agreement #190
The Residential Tenancy Branch of the Ministry of Labour and Consumer Services distributes a useful brochure outlining the rights and responsibilities of landlords and tenants in British Columbia…
Legally Speaking
Parking Not Limited Common Property #180
A sales brochure for a condominium project which consisted of 55 strata lots and 69 parking stalls, stated that each unit was entitled to one parking stall and that an additional stall…
Legally Speaking
The Condominium Act – Section 49 #159
This section states that no expenditures in excess of $500 shall be made by a strata council unless: (a) an emergency exists, or (b) the expenditure was set out in the annual budget…
Legally Speaking
Reference: Condominiums – Noise and Vibration. A Nuisance #142
It’s probably just a coincidence that the manufacturers of stereo equipment are packing more noise into a smaller box at a time when more condominiums are being built, and more and more people are living separated…
Legally Speaking
Commission Cases #128
Two recent commission cases in which the judges could have as readily ruled against the licensees were instead resolved in their favour. In the first case, the owner…
Legally Speaking
Residential Mortgage or Residential Agreement for Sale – Limitation of Liability Under #125
The recession of the early eighties left many purchasers of homes unable to make the monthly payments under the mortgages they assumed when they…
Legally Speaking
Condominium Act, Municipal Act, Social Service Tax Act #98
These three Acts proclaimed by the Legislature in Victoria may contain a number of booby traps waiting to explode in the face of the unwary, but each contains at least one…