Real Estate Law Blog

The B.C. Court of Appeal recently released its decision in Findlay v The Owner, Strata ESP401 (“Findlay”) where it states, for the first time, that strata corporations do not have standing to bring a claim against developers on behalf of individual strata unit purchasers for misrepresentation in the developer’s disclosure statements. This case involves an issue of ...

The BC government has announced new legislative changes aimed at strengthening depreciation reports for strata corporations, effective July 1, 2024.

Impact on Strata Owners and Council Members

Depreciation reports provide estimates of the long-term repair and replacement costs of a strata corporation’s shared property and assets. Previously, obtaining these ...

On April 15, 2020, the Minister of Public Safety and Solicitor General issued a Ministerial Order which permits all strata corporations to hold electronic annual and general meetings (i.e via Skype, Zoom, etc.), even if the strata corporation has no specific bylaw passed enabling it to be held this way. This order helps address the controversy over the use of these methods ...

Even during these unprecedented times, a strata corporation’s obligations continue. Strata councils face both the challenge of how to continue with their usual vital business, such as:

• holding annual general meetings (AGMs) or special general meetings (SGMs) to approve special levies for critical repairs and rising insurance costs
• making 2-5-10 warranty claims

In Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2019 BCSC 112, the case involves a dispute between a strata corporation known as “Firenze” within the “International Village” development, and Interville, its owner developer and remainder owner.  Prior to depositing the strata plan which created Firenze, Interville had entered ...

In a recent decision (Dubas v. The Owners of Strata Plan VR. 92, 2019 BCCA 196), the BC Court of Appeal further clarified the strata wind-up process and intent of the strata wind-up provisions in Part 16 of the Strata Property Act.  In this important decision, the Court of Appeal confirmed that a strata corporation could list its property for sale by way of a simple majority ...