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: BC Court of Appeal reaffirms that a strata corporation’s duty to repair common property includes bringing common property “up to code”
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 […]
Strata Alert: CRT rules against strata corporation in dispute over accessible parking By Paul G. Mendes and Amanda Magee Paul G. […]
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.” […]
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 […]
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 […]
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 […]
The ancient Greeks had a word for everything. According to the helpful folks at Wikipedia, amnesia is the Greek word for “forgetfulness”. In modern usage, it has come to mean the memory loss that sometimes follows a traumatic event. Like an election.
The amnesia I am talking about, of course, is the kind that appears after a change of council following an Annual General Meeting, or a change […]
Strata Alert: Ontario Court of Appeal confirms ‘business judgment rule’ applies to condominium boards
A recent decision from the Ontario Court of Appeal in 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375, 2016 ONCA 650, confirmed that the business decisions regularly made by condominium boards should be accorded the same level of deference as the business decisions of for-profit corporations.
The lawsuit stemmed from a decision of a condominium board refusing to allow the owner of commercial parking strata […]