All Posts By

Taeya Fitzpatrick

Can a Strata Allocate Repair of Common Property Roofs to Owners?

By | Strata and Condo Law | No Comments

There are two types of possible strata plans: bare land strata and regular strata plans. A regular strata plan can consist of condos, townhomes, duplexes, etc. Some regular stratas look like bare land because all houses are not attached to each other. However, whether it is actually a bare land strata depends on the strata plan that is filed with the Land Title Office. The distinction is very important because it can greatly affect repair and maintenance obligations for the strata corporation and individual owners. Continue reading “Can a Strata Allocate Repair of Common Property Roofs to Owners?” »

Smoking in Stratas

By | Strata and Condo Law | No Comments

Smoking is a polarizing issue, typically smoker vs non-smoker. This debate can become heated in the strata complex when people live close together and it is a question of who has the greater right: the person who wants to live in a smoke-free home or the smoker who has been smoking for many years and is most likely addicted.

This has come up twice now in reported CRT decisions: The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 BCCRT 1; and Mundel et al v. Hastings-Evans et al, 2017 BCCRT 108. Continue reading “Smoking in Stratas” »

Are There Regulations Governing Short Term Rental of my House or Apartment?

By | Strata and Condo Law | No Comments

The answer is: there might be. Currently, the zoning of your house will govern whether you can legally offer short term rentals as far as your City regulations are concerned. If you live in a strata, there are bylaws that may prevent you from renting your strata out on a short term basis. Continue reading “Are There Regulations Governing Short Term Rental of my House or Apartment?” »

5 Essential Tips for Buying into a Strata

By | Strata and Condo Law | No Comments

Buying into a strata corporation can be a scary thing for many owners because they have heard horror stories about stratas: the stratas enforceable large special levies against the owners,  restrictions on what owners can do with their own strata lot, etc. The question of whether you should buy into a strata more often depends on your budget and what you can afford. If your budget points you towards strata living, there are at least 5 things that you should review carefully before you decide to buy a strata lot in that strata. Continue reading “5 Essential Tips for Buying into a Strata” »

Owners’ Hot Tub Request Denied

By | Strata and Condo Law | No Comments

It can come as a shock to some owners that they don’t have a right to a hot tub in their strata lot. Hot tubs can be restricted or outright banned by a strata corporation’s bylaws. As a result, it is very important to review a strata’s bylaws when considering buying a strata lot.

In the case of Doig v The Owners, Strata Plan VR 1712, 2017 BCCRT 36, the owners had installed a hot tub and the strata demanded its removal. Continue reading “Owners’ Hot Tub Request Denied” »

Forced Interim Distribution

By | Strata and Condo Law | No Comments

There is not a wealth of case law on forcing interim distributions from an estate, that is paying out part of the inheritance before all of the estate administration is complete, or before litigation involving the estate has been concluded. In situations where there is ongoing litigation involving an estate, the estate cannot payout funds for any purpose other than estate debts. Therefore, some beneficiaries of estates cannot receive their inheritance for years as they wait for litigation to be concluded.

Kimberly Rule applied successfully to Court to have an interim payment made to her clients as the litigation tying up the estate for more than 2 years. Continue reading “Forced Interim Distribution” »

Creating Enforceable Rental Restrictions

By | Strata and Condo Law | No Comments

Enacting rental restriction bylaws can be trickier than originally contemplated for several reasons: the original state of the bylaws, the delaying provisions in the Strata Property Act, situations that prevent rental restriction bylaws from applying to some or all of the strata lots, and the requirements that must be met for rental restriction bylaws to be valid. Continue reading “Creating Enforceable Rental Restrictions” »

AirBnB’s in Stratas

By | Sabey Rule Blog, Strata and Condo Law | No Comments

Like all rental topics on stratas, AirBnB’s have been a hot topic for all involved in stratas. The main issue noted with AirBnB’s in stratas, is the short term rentals of the strata lots and the concern regarding security, wear and tear of the common property, noise, etc.

For some living in stratas, the question is whether using their strata lot as an AirBnB is permitted. For most owners, they only look to their bylaws as to whether AirBnB’s are permitted. Continue reading “AirBnB’s in Stratas” »