Spotlight on strata insurance: Should the Strata Property Act require a strata corporation to inform the owners and tenants as soon as feasible of any material change in insurance coverage?

BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues discussed in the Consultation Paper on Insurance Issues for Stratas . Read more…

Western Australia passes reforms to its strata-property legislation

The Government of Western Australia and Landgate have announced the passage of new strata-property legislation for the Australian state. The Strata Titles Amendment Bill 2018 (PDF) is the culmination of a lengthy reform process spearheaded by Landgate (Western Australia’s land-title authority). The bill’s explanatory memorandum (PDF) spells out the range of this legislation, which addresses an array of legal issues including: new statutory duties for strata managers; enhanced management standards for strata corporations; voting and meeting reforms; Read more…

BC Supreme Court directs an assessment of strata corporation’s reasonable legal costs for remedying a contravention of its age bylaw

In The Owners, Strata Plan NWS3075 v Stevens, 2018 BCSC 1784, the BC Supreme Court considered a strata corporation’s request for an order that the respondent strata-lot owner “pay its actual legal fees, other fees and disbursements pursuant to s. 133 of the Strata Property Act.” Section 133 allows a strata corporation to “do what is reasonably necessary to remedy a contravention of its bylaws or rules.” The court granted the strata corporation its order, and referred Read more…

Court finds that strata corporation’s decision to share expenses based on unit entitlement was significantly unfair to owner

In King Day Holdings Ltd v The Owners, Strata Plan LMS3851, 2018 BCSC 1772, the BC Supreme Court considered a petitioner’s request for “a declaration that the strata fees [and special levies] levied against it by the respondent strata corporation constitute a significantly unfair action and seeks relief under s. 164.” The court sided with the petitioner, even though the respondent strata corporation had decided to calculate the strata fees and special levies at issue on Read more…

CCEL Forms Inclusive Investing Project Advisory Committee

The 
Canadian 
Centre 
for Elder Law (CCEL) has formed a project advisory committee to guide its research and consultation for its Inclusive Investing: Respecting the Rights of Vulnerable Investors through Supported Decision-Making project. “The project advisory committee brings together individuals with a diverse range of experience and expertise from BC and Ontario to examine how vulnerable investors are using supported decision making in the investment context,” commented committee chair Jim Emmerton. The members of the Read more…