Strata Property Law Project’s fourth year marked by publication of Report on Complex Stratas
July 4, 2017
BY Kevin Zakreski
Today is the fourth anniversary of BCLI’s Strata Property Law Project—Phase Two. Highlights of the project’s fourth year include completing work on complex stratas and making progress on selected governance, common property, and land-title issues.
Completion of work on complex stratas
The highlight of the year was the publication of the project’s second report, the Report on Complex Stratas (PDF). In addition to containing a wealth of information on the current law, the report sets out 68 recommendations aimed at improving the Strata Property Act’s three main tools to manage legal issues arising from complex (that is, mixed-use and architecturally varied) stratas: sections, types, and phases.
As the project’s fourth year opened, the project committee was working through a draft of the Consultation Paper on Complex Stratas. Work on this draft progressed through the summer, until the consultation paper (PDF) was ready for publication in August.
Publication of the consultation paper kicked off a four-and-half month public consultation, running until 15 January 2017. This consultation generated 36 submissions from the public on the committee’s proposals for reform.
After reviewing the public’s submissions, the committee set to work on the report. This work included confirming the committee’s 68 recommendations for reform and crafting draft legislation and regulations, which are intended to illustrate how these recommendations may practically be implemented.
For more information on the Report on Complex Stratas, click here.
Continuing work on selected governance issues
When the committee wasn’t focussed on complex stratas, its time was largely spent making progress on the project’s next subject: governance, common-property, and land-title issues.
Over the course of the year, the committee considered selected governance issues at all or part of eight committee meetings. The committee spent extensive time examining bylaws and rules and statutory definitions.
As the project moves into its fifth year, the committee looks forward to considering general meetings, among other governance issues.
Public interest in reforms on terminating a strata
Recommendations from the project’s first report, the Report on Terminating a Strata (PDF), were implemented by Bill 40. The termination provisions in Bill 40 came into force on 28 July 2016.
Bill 40’s reforms to the Strata Property Act’s provisions on terminating a strata continue to draw attention. After the first cases under the new laws were beginning to reach the courts, Business in Vancouver ran a series in March examining the roots of the bill and considering where its changes might lead. Part 2 in the series noted the role of BCLI’s Report on Terminating a Strata (PDF) in the development of Bill 40. Business in Vancouver has also reported on the first strata to terminate itself using the new Bill 40 process.
This past year saw Alex Longson, Susan Mercer, and Garrett Robinson join the project committee (PDF). The committee bid farewell to Ian Holt, Judith Matheson, and Stan Rule.
BCLI welcomes these new members and continues to be grateful for the commitment, generosity, and professionalism of all current and past committee members.
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 (no. for this year/ no. since project began in 2013):
- number of publications issued: 2/ 4
- number of supporting documents issued: 7/ 22
- number of committee meetings held: 11/ 41
- number of presentations on, articles mentioning, and visits by scholars interested in the project: 4/ 20
- number of BCLI blog posts about the project and strata-property law: 78/ 112
- number of pageviews for project webpage: 2013/ 4554
Update on project administration and a look ahead to year five
The project committee has developed its work plan for allocating issues across its remaining monthly meetings. The work plan is now fully occupied until the project’s completion, which is slated for June 2018.
In the time between now and June 2018, the project committee expects to be fully engaged in tackling work on selected governance, common-property, and land-title issues and selected insurance issues.
Thanks to our supporters
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 through its first four years