Consultation on insurance, progress on land and governance issues mark the latest quarter of the Strata Property Law Project
October 2, 2018
BY Kevin Zakreski
Publishing the Consultation Paper on Insurance Issues for Stratas was the highlight of an active summer for BCLI’s Strata Property Law Project—Phase Two. The third quarter of 2018 also saw the project committee make progress on common property, land-title issues, and fundamental changes and on governance issues for stratas. As the project begins to wind down, more publications are expected by late 2018 or early 2019.
Consultation on insurance
In mid-September the committee opened a three-month consultation period on insurance and strata properties with the publication of its Consultation Paper on Insurance Issues for Stratas. The consultation paper contains 10 tentative recommendations for reform, which address issues such as expanding the legislative mandate on strata corporations to purchase insurance and expressly allowing a strata corporation to decide to charge back to an owner an amount paid for an insurance deductible, if the owner is responsible for the loss or damage that gave rise to the claim that resulted in payment of the deductible. The consultation paper also contains one more open-ended question for discussion, concerning whether British Columbia should adopt the standard-unit concept, which is a feature of the law in other provinces.
In addition to issues for public consideration, the consultation paper also sets out a survey of the current law on insurance and strata properties by thoroughly reviewing part 9 of the Strata Property Act.
So far the consultation has received 53 responses. The consultation paper, a response booklet, a backgrounder, and a link to our survey are all available on the project webpage. The consultation is open until 15 December 2018.
Progress on land and governance issues
The committee also made progress on two other areas for the project.
The committee’s work on a planned consultation to address three areas in the project (common property, land-title issues, and fundamental changes) was well advanced over the summer. A first draft of the consultation paper was prepared. It has been considered at one committee meeting. The committee is currently revising its proposals, which will be given further consideration at an upcoming committee meeting.
The consultation on governance issues for stratas closed on 15 June 2018. The consultation attracted 290 responses. The committee considered these responses at two meetings. It has directed BCLI staff to refine its proposals, based on its consideration of the responses and other factors.
BCLI staff have prepared a first draft of the planned Report on Governance Issues for Stratas. The draft report contains final recommendations and draft legislation (which illustrates how the committee’s recommendations could be implemented). The committee plans to take up the draft report at an upcoming committee meeting.
Statistics on project publications, meetings, and website engagement
One of the goals of the project is to make its research and conclusions widely known to interested readers. Here are some statistics, tracking how that information is made available to and accessed by the public, during the first quarter of 2018:
- number of publications: one, the Consultation Paper on Insurance Issues for Stratas
- number of supporting documents issued: 2, a media release announcing publication of the Consultation Paper on Insurance Issues for Stratas and a backgrounder on the consultation
- number of project-committee meetings held: one
- number of pageviews of the project page: 687
- number of blog posts on strata-property topics: 12
A look ahead to the next quarter
The project committee’s attention in the upcoming quarter will be on several tasks: (1) managing the public consultation on insurance issues for stratas; (2) preparing a planned Consultation Paper on Common Property, Land Titles, and Fundamental Changes for Stratas for publication; and (3) settling on its final recommendations for the planned Report on Governance Issues for Stratas.
Thanks to project funders
The Strata Property Law Project—Phase Two has been made possible by support from nine funding organizations. Support from the bulk of these organizations is reviewed from year-to-year. BCLI thanks the following organizations for continuing to support the project.