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Whats New
| Dec 14, 2011 |
Depreciation Report Regulations Approved
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The new sections of the Act and Regulations dealing with depreciation reports and Form B Information Certificates have come into force yesterday.
Information and a copy of the Regulations are available at http://www.housing.gov.bc.ca/strata/regs/index.htm until BCLAWS.CA is updated. |
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| Oct 10, 2011 |
Proposed Strata Tribunal
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The BC Provincial Government is conducting an important survey on options for a new model for dispute resolution for Strata Corporations. The proposed model is a Tribunal which would hear many strata disputes without the need to proceed to Court.
For details on the proposal, and to participate in the survey, please see the official website:
http://housing.gov.bc.ca/strata/index.htm |
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| Sep 01, 2011 |
Fall Seminar Series
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Mr. Fischer’s fall seminar schedule is as follows:
Okanagan Strata Communities Association – September 9, 2011 – “Hot Topics”
Okanagan Strata Management Services Ltd. – September 24, 2011 Trade Show and Seminar Series – “Rentals”
CHOA Education Series – October 27, 2011 Kamloops, October 28, 2011 Kelowna, October 29, 2011 Penticton – Attendance and Topic to be confirmed see www.choa.bc.ca for details. |
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| Apr 10, 2011 |
Spring Seminar Series
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Matthew Fischer will be speaking at the following seminars this spring:
CHOA Seminars (Strata Collections, other topics include Alterations and Bylaw Enforcement):
•Kamloops - April 14
•Kelowna - April 16
•Penticton - May 18
See www.choa.bc.ca for more information and to sign up.
Okanagan Strata Management Trade Show
• Kelowna - May 7, 2011 (Topics on Council Authority and relations between owners and their Strata Council)
See www.osm.to for more information and to sign up.
Professional Association of Managing Agents
•Kelowna - April 15 - Administration of Sections and Types - (attendance restricted to qualifying licensed managers only) |
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| Apr 10, 2011 |
Fischer and Company is growing again!
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We would like to welcome Amanda and Michael to our growing team.
Amanda is our new administrative assistant, and brings intelligence and drive to her role.
Michael Hansen will be joining us as an associate upon completion of his B.C. bar admission course in April. Michael has already completed his term of articles at a national firm, and had previously practiced law in another jurisdiction, so he comes to us with existing practice experience, keen intelligence and a strong motivation to excel. |
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| Feb 12, 2010 |
Abbas Overturned
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“Abbas v. The Owners, Strata Plan LMS 1921 “ was a 2000 ruling that a Rental Disclosure Statement which was for an indefinite period, or specified “nil” as the expiry date was of no force or effect and did not have the intended effect of reserving the right of a first purchaser to rent their strata lot indefinitely.
On December 17, 2009 “Spagnuolo v. Strata Plan BCS 879” reconsidered the Abbas decision in light of additional issues raised. The essence of the decision in Spagnuolo is that a Rental Disclosure Statement which provides that first purchasers are entitled to rent indefinitely or provide some other unlimited period of time for which the Rental Disclosure Statement maybe valid and enforceable, or at least will not be unenforceable on its face, as the Abbas decision suggested.
The Spagnuolo decision has not been the subject of an appeal, and the time for appeal has elapsed.
It may now be necessary to re-evaluate your Rental Disclosure Statement in light of this decision. As a result of the foregoing it is necessary for many Strata Corporations to revisit and reconsider any Rental Bylaw and to obtain legal advice with respect to the appropriate wording changes if any which may be required to that bylaw. This should be done very swiftly, as the effect of the Spagnuolo decision is immediate.
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| Dec 17, 2009 |
Amendments to the Strata Property Act
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Certain amendments to the Strata Property Act and the Regulations are now in force, however other proposed amendments have been approved by legislature, but have not yet come into force. Those provisions which have been deferred indefinitely include among others, those provisions relating to Provincial Court jurisdiction, depreciation and reserve funds, audits and other important matters.
Be sure that you are adhering to the current requirements of the Strata Property Act. You can see the current wording of the legislation at www.bclaws.ca. Be sure to seek legal advice if you do not know or do not understand the current legal requirements of the Strata Property Act |
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| Oct 22, 2009 |
Privacy Guidelines
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the Office of the BC Privacy Commisssioner has released guidelines for the collection, retention, use and disclosure of personal information by Strata Corporations. Those guidelines can be accessed at www.oipc.bc.ca
Although the guidelines represent "best practices" for most general situations involving preparation of minutes as well as authority to collect information, secure retention, and appropriate disclosure of documents - Keep in mind that there are occasions where the guidelines will contradict the requirements of section 36 of the Strata Property Act, and legal advice should be sought.
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| Nov 30, 1999 |
Fall Seminar Series
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Mr. Fischer’s fall seminar schedule is as follows:
Okanagan Strata Communities Association – September 9, 2011 – “Hot Topics”
Okanagan Strata Management Services Ltd. – September 24, 2011 Trade Show and Seminar Series – “Rentals”
CHOA Education Series – October 27, 2011 Kamloops, October 28, 2011 Kelowna, October 29, 2011 Penticton – Attendance and Topic to be confirmed see www.choa.bc.ca for details. |
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