The British Columbia Law Institute published on September 1,
2016 its Consultation Paper on Complex Stratas seeking
public comments on proposed reforms to the Strata Property Act and its
regulations concerning sections, types, and phases.
The BCLI carries out scholarly research, writing and analysis
for law reform, collaborating with government and other entities,
and providing materials and support for outreach and public
Sections and types allow a strata corporation to manage cost
sharing between owners, while phases permit the development of a
strata property in segments over tended time. These tools are
important in creating and sustaining sophisticated, architecturally
varied, or mixed-use stratas. With the publication of the
consultation paper, the public has an opportunity to consider and
comment on a comprehensive list of needed reforms to sections,
types, and phases.
The consultation paper has 68 tentative recommendations for
29 tentative recommendations on sections, which propose
clarifying the process for creating and cancelling sections,
spelling out section powers and duties strengthening section
governance, budgets, and finances;
14 tentative recommendations on types, which propose clarifying
the process for creating and cancelling types and fine-tuning the
operation of types; and
25 tentative recommendations on phases, which propose enhancing
the phasing process, simplifying governance in a phased strata
corporation and providing additional protections for the financial
interests of owners in a phased strata.
Ed Wilson, senior partner of our
Real Estate Group is a member of the BCLI's Strata Property
Law Project Committee, which commenced its review of the Strata
Property Act in October of 2013 and will continue its review
of other important issues into 2017.
Lisa Peters, head of Lawson Lundell's
Research and Opinion Group is the incoming Chair of the
The full consultation paper, a summary consultation, a response
booklet, a background and a link to BCLI's survey are all
available at http://www.bcli.org. The consultation period
ends January 15 2017.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Russell v. Township of Georgian Bay provides a useful reminder of the fact that while municipal officials sometimes appear to hold all of the cards in disputes with home owners, that is not always the case.
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