Updates & Other Information Strata Owners Need to Know
- CRT Chair appointed
- The BC Law Institute Wants To Hear From You
- Legislative Updates
- The International Housing & Home Warranty Conference (IHHWC)
- Legislative Update: New Court Remedies for Strata Corporations
- Depreciation Reports
- Changes to the Form B Information Certificate regarding Parking and Storage Lockers
- Safety Order: Hydraulic Elevators - Griffin controllers
- Civil Resolution Tribunal acting chairperson appointed
- New Changes to the Limitation
CRT Chair appointed
Ms. Shannon Salter was appointed as Chair of the Civil Resolution Tribunal, effective July 14, 2014.
Ms. Salter earned her BA (2001) and LLB (2005) from the University of British Columbia, and her LLM from the University of Toronto (2011). She clerked with the British Columbia Supreme Court, practiced at Farris LLP for several years and has served as a vice chair of the Workers' Compensation Appeal Tribunal since 2011. Ms. Salter is also a commissioner of the Financial Institutions Commission, vice president of the British Columbia Council of Administrative Tribunals, and a past board member of the College of Registered Nurses of British Columbia. She teaches administrative law at the UBC Faculty of Law as an adjunct professor and is actively involved in providing pro bono legal advice through Access Pro Bono BC.
As Chair, Ms. Salter will be responsible for leading Canadaís first online tribunal. The Civil Resolution Tribunal will enhance access to justice by making its services available 24 hours a day, seven days a week for British Columbians seeking to resolve strata property disputes and small claims. Ms. Salter will be working closely with all justice system partners in preparing for the tribunalís opening in 2015.
The BC Law Institute Wants To Hear From You
The British Columbia Law Institute (BCLI) is asking the public for its opinion on proposals to reform how the Strata Property Act deals with the termination of a strata. In its just published Consultation Paper on Terminating a Strata, BCLI examines the development of what the Strata Property Act calls cancellation of a strata plan and winding up of a strata corporation and makes 21 tentative recommendations designed to improve this provinceís legal framework for terminating a strata.
The full consultation paper, a summary consultation, a response booklet, a backgrounder, and a link to the survey are posted on the BCLI website at www.bcli.org. The consultation is open until 30 September 2014.
The Government of BC has recently introduced several Strata Property Act legislative changes.
- On December 12, 2013 the Province of BC brought into force legislative amendments to allow strata corporations with majority support to apply to the BC Supreme Court requiring strata owners to pay for certain repairs. For more information click here
- On April 9, 2014 the adoption of Bill 12 (the Natural Gas Development Statues Amendment Act) resulted in the enactment of various amendments to the Strata Property Act. In general, the amendments make it easier for strata corporations to carry out their repair and maintenance responsibilities, clarifying requirements and refining problematic definitions. For example, a strata corporation may now pay for repairs from the contingency reserve fund specifically recommended by their depreciation report by passing a majority vote whereas a three-quarter vote was previous required. For more information click here
- Effective in July 2014 a strata corporations investment options will change. For more information click here
The International Housing & Home Warranty Conference (IHHWC)
The International Housing & Home Warranty Conference (IHHWC) is coming to Vancouver September 7-10, 2014. Held every three years, this prestigious conference brings together warranty organizations, government representatives, home builders and housing professionals from around the world. Experts in building science/construction, finance, insurance, social housing and politics will share their perspectives on the future of home ownership.
Legislative Update: New Court Remedies for Strata Corporations
As of December 12, 2013 the Strata Property Act was amended, now allowing a strata corporation with majority support to apply to the BC Supreme Court requiring strata owners to pay for certain repairs.
Under the amendment the court can issue an order to proceed with certain critical repairs necessary to ensure safety and prevent significant loss or damage as if the strata owners had passed a resolution approving a special levy.
For more information please review the CHOA Information Bulletin.
The B.C. provincial government has introduced new regulations making depreciation reports mandatory for strata corporations in B.C. Strata corporations of less than 5 units will be exempt from the requirements, plus a strata corporation may consider exempting itself by passing a 3/4 vote resolution. Changes to the Form B, Information Certificate were also introduced.
- "What to know about Depreciation Reports" – a CHOA information guide
- A copy of the CHOA News Release may be found here
- A copy of the regulations may be found here
- A copy of Tony Gioventu's Condo Smarts column re: Depreciation Reports and Form B changes may be found here
- Additional information is available at the B.C. Government's Strata Property website
- A copy of the Strata Property Act Form B (as of March 1, 2012) may be found here (PDF) or here (Word doc).
- A copy of a Depreciation Report Request For Proposal may be found here (PDF) or here (Word doc).
- A copy of the OIC pertaining to 1) how long a strata corporation must maintain depreciation report records, and 2) when a strata corporation that was formed after December 14, 2011 must obtain a depreciation report is available here (PDF).
- Letter to Minister Coleman: Depreciation Reports and Reserve Fund Studies, July 5, 2010 (PDF)
Changes to the Form B Information Certificate regarding Parking and Storage Lockers
Effective January 1, 2014, under the Strata Property Act and Regulations, upon request for a Form B Information Certificate, strata corporations will be obliged to disclose the nature of parking and storage lockers and how they are assigned to a strata lot.
Please click here for the CHOA bulletin: What you need to know about: Parking Spaces and Storage Lockers January 1, 2014 (PDF)
Please click here for a copy of the new Form B Information Certificate that took effect Jan. 1, 2014.
Safety Order: Hydraulic Elevators - Griffin controllers
The a BC Safety Authority has issued an Elevating Devices Safety Order to all licensed elevator contractors and building owners/property managers. This Safety Order applies to all hydraulic elevators with Griffin controllers, and is effective immediately. Building owners/property managers share the responsibility with elevator contractors for:
- posting warning signage on the elevator car top within 30 days of the effective issue date of this Safety Order;
- ensuring that all hydraulic elevators with Griffin controllers are altered and tested by April 26, 2015; and
- notifying BC Safety Authority of the completion of these alterations.
For more information please visit the BC Safety Authority website
Civil Resolution Tribunal acting chairperson appointed
The B.C. government has appointed an acting chair to start work on B.C.'s new Civil Resolution Tribunal (CRT), the tribunal will assist in resolving strata and small claim disputes.
A copy of the government of BC news release is available here
For more information please visit the following resources:
Information about the Civil Resolution Tribunal Act is available on the Ministry of Justice website
A copy of Bill 44, the Civil Resolution Tribunal Act is available here
New Changes to the Limitation Act
The new Limitation Act comes into force on June 1, 2013. Please click here for the CHOA bulletin "New Limitation Act Requires Careful Consideration by Strata Corporations" written by Elaine McCormack from the law firm Alexander Holburn Beaudin & Lang LLP. In addition, further information is posted on the Ministry of Justice website.