Strata Alert: The Benefits of Periodic Bylaw Review

The Benefits of Periodic Bylaw Review Amanda M. Magee, Associate Phone:  604-685-5438 Email:  amm@lmlaw.ca   A recent decision from the Civil Resolution Tribunal (CRT) highlights the importance of having your strata’s bylaws reviewed to ensure that they are enforceable. When a strata updates its rental restriction bylaw, the bylaw is often passed as an amendment […]

Strata Alert: BC Supreme Court upholds ban on short term rentals

Strata Alert: BC Supreme Court upholds ban on short term rentals HighStreet Accommodations Ltd. v. The Owners, Strata Plan BCS2478, 2017 BCSC 1039 Paul G. Mendes, partner Phone: 604-685-4894 Email: PGM@LMLAW.CA The BC Supreme Court dealt a blow to the short term accommodation industry in BC last month when it upheld a strata’s right to […]

Employer Alert: Does your employment contract meet the minimum standards of the Employment Standards Act?

Employer Alert: Does your employment contract meet the minimum standards of the Employment Standards Act? Robert J. Lesperance, Partner Phone: 604-685-8737 Email: RJL@LMLAW.CA Wood v. Fred Deeley Imports Ltd. 2017 ONCA 158 Employers should always ensure that they enter into written employment contracts with their employees. One of the key reasons is the ability limit […]

Co-Ownership Agreements and the Partition of Property Act

Co-Ownership Agreements and the Partition of Property Act By Alex Chang, Associate with Paul G. Mendes, Partner                                                                            Alex […]

Strata Alert: BC Supreme Court orders smoker to “butt out” pending appeal to Human Rights Tribunal

In what is likely to be seen as a landmark ruling in BC, the BC Supreme Court has ordered a condo owner to stop smoking in his strata lot, even while his human rights complaint against the strata is pending.

You will recall that this case was widely covered in the media back in September.

Condo owner and “life long smoker” Paul Aradi’s neighbors started complaining about second hand smoke coming from his unit back in 2013. In […]

Strata Alert: Regulating Short Term Rentals in your Strata Corporation

There has been an exponential increase in the short-term rental or home-sharing economy through websites like AirBnB. Depending on your location within the province, you can probably find hundreds of short term rental suites available in your area right now.

Unfortunately, there is limited regulation or enforcement of laws related to short-term rentals. This means that limitations on short-term rentals are generally dealt with on an ad hoc basis in the bylaws of individual strata corporations. Such bylaws must balance the needs of strata corporation and their owners. […]

Strata Alert: A Helpful Guide for Responding to Bylaw Infraction Complaints

Lesperance Mendes is frequently asked how a strata corporation should respond to complaints that residents have breached a bylaw.

 

In general, we recommend that a strata council follow the following “three step process” when a complaint is received to ensure compliance with section 135 of the […]

Strata Alert: How the Strata Grinch Stole Christmas

My apologies to Jay Livingston and Ray Evans, the composers of “Silver Bells”, that ubiquitous staple of easy listening stations at this time of the year.  Trust me, you love hearing it now but wait a few more days.

If you are the Santa of your condo at this time of year, you may be making a list and checking it twice.  Make sure to […]

Strata Alert: Ontario Court orders marijuana grow to repay strata for increased utility costs

This is an interesting condominium law case from Ontario.  Although it has no direct application to British Columbia, it does hint at a possible remedy for stratas faced with increased utility and insurance expenses as a result of “licensed” medical marijuana production facilities.

But first a little background on the confusing medical marijuana regime in Canada.

The production and distribution of medical marijuana was […]

Strata Alert: BCSC Upholds Developer’s Sale of Caretaker Suite to Strata Corporation

Condominium developers in BC often enter into binding contracts on a strata corporation’s behalf. Sometimes the developer does it before the deposit of the strata plan, and sometimes the developer does it after the deposit of the strata plan. The significance of the timing is that under the Strata Property Act (SPA), a strata corporation only comes into legal existence once the strata plan is filed at the […]