Strata Alert: BC Court of Appeal reaffirms that a strata corporation’s duty to repair common property includes bringing common property “up to code”

BC Court of Appeal reaffirms that a strata corporation’s duty to repair common property includes bringing common property “up to code”. Frank v. The Owners, Strata Plan LMS 355, 2017 BCCA 92 on appeal from Frank v. The Owners Strata Plan LMS 355, 2016 BCSC 1206   Paul G. Mendes, Partner Phone:  604-685-4894 Email:   PGM@LMLAW.CA […]

Strata Alert: Evicting a Troublesome Tenant under the Strata Property Act

  Evicting a Troublesome Tenant under the Strata Property Act Paul G. Mendes, Partner Phone:  604-685-4894 Email:  PGM@LMLAW.CA     Sections 137 and 138 of the Strata Property Act permit a strata lot owner or a strata corporation to evict the tenant of a strata lot for a “repeated or continuing contravention of a reasonable […]

CRT rules against strata corporation in dispute over accessible parking

Strata Alert:  CRT rules against strata corporation in dispute over accessible parking By Paul G. Mendes and Amanda Magee                                                                            Paul G. […]

Let’s Get Together – The Right of Franchisee’s To Associate

 Let’s Get Together – The Right of Franchisee’s To Associate Alex J. Chang, Associate Phone:  604-685-1255 Email:  ajc@lmlaw.ca   As set out in a previous article, section 4 of the new BC Franchises Act guarantees the right of franchisees to associate with other franchisees and to form or join an organization of franchisees. Provisions in […]

Let’s Be Fair Here – Interpreting the Duty of Fairness in Franchisor-Franchisee Relationships

Let’s Be Fair Here – Interpreting the Duty of Fairness in Franchisor-Franchisee Relationships Alex J. Chang, Associate Phone:  604-685-1255 Email:  ajc@lmlaw.ca   The new BC Franchises Act came into full effect on February 1, 2017. As set out in a previous article, section 3 of the new BC Franchises Act confirms the existence of a […]

Strata Alert: Good money after bad? Fining an owner for non-payment of strata fees

Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449

Many strata corporations in British Columbia have a bylaw permitting the strata to fine an owner for nonpayment or late payment of strata fees and special levies. These fines are sometimes referred to in the bylaws as “penalties” or “late payment charges.” […]

Strata Alert: Civil Resolution Tribunal Rules on Second Hand Marijuana Smoke

The Civil Resolution Tribunal (CRT )  has issued its first decision, and wouldn’t you know it, its about weed.

The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 CRTBC 1.

In this case a strata corporation filed a complaint against an owner who had repeatedly contravened […]

The New BC Franchises Act Means More Protections for Franchisees

On February 1, 2017, BC will become the sixth province in Canada to fully adopt its own version of the Uniform Franchises Act.  The purpose of the new BC Franchises Act is to offer franchisees protections in their relationships with their franchisors.

In most franchise agreements, the franchisor is entitled to exert significant control over the franchisee’s business so that the franchisor […]

Strata Alert: Sagging Roof Overhangs in Strata Complexes

A number of townhome strata developments have reported issues with sagging or deflecting roof overhangs. A sagging roof overhang may indicate that the roof is not supporting its own weight or other incidental loads and is at risk of premature collapse.  Strata corporations that are aware of such deficiencies should immediately consult a qualified structural engineer. […]

Strata Alert: Weeding through the law and the stoned, cold truth about medical marijuana and strata corporations

When it comes to responding to complaints about medical marijuana in a condominium, strata councils are held to a high standard. But navigating this area of law can be hazy.

All puns aside, the laws affecting medicinal marijuana are constantly […]