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About Mike Mangan

Mike Mangan is an experienced lawyer, teacher and author. Recognized for his ability to describe legal matters in plain terms, he has appeared on CTV and Shaw television, and on CBC, CKNW and CFUN radio in Vancouver. Mike is the author of The Condominium Manual: A Comprehensive Guide to Strata Law in British Columbia, now in its third edition, available in electronic form at condomanual.ca and in print at independent bookstores.

New Special Levy Remedy

Effective December 12, 2013, the provincial government brought into force a significant change to the Strata Property Act.[1] The change creates a new remedy to override the defeat of a special levy for repairs, if certain criteria are met.

New Remedy

Normally, to approve a special levy for repairs, a 3/4 vote of the eligible voters at a general meeting is necessary. As a result of the amendment, where a resolution for a special levy for repairs fails, the strata corporation may apply to the court to approve the special levy if the number of votes cast in favour of […]

Update – Phased Developments and Common Facilities

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments affecting Phased Developments and Common Facilities.

Does Your Phased Strata Development Have Common Facilities?

If a developer builds common facilities early in a phased development, the Strata Property Act protects early purchasers with special requirements. The Strata Property Act defines a common facility as,[1]


… [a] major facility in a phased strata plan, including a laundry room,
playground, swimming pool, recreation centre, clubhouse or tennis court,
if the facility is available for the use of the owners.

Where a developer builds common facilities before the last […]

Depreciation Reports and Removal of CRF Funding Cap

According to the provincial government, the majority of all new housing starts involve strata properties. In a dozen municipalities, strata properties now make up more than half of all taxable properties.[1]

In December 2011 the provincial government proclaimed in force several important strata requirements.[2] The most significant changes involve depreciation reports and contributions to a strata corporation’s contingency reserve fund (“CRF”). Some changes are immediate, while others come into effect at different times over the next two years. This update reviews the changes that most concern strata owners, strata property managers and real estate licensees.

Please bear in […]

Update – User Fees

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments affecting Common Property User Fees.

Are Your User Fees Reasonable?

Under the Strata Property Act, a bylaw or rule may impose a user fee for the use of common property, but only if the fee is reasonable.  How do we determine if a user fee is reasonable? In Strata Plan LMS 3883 v. De Vuyst, the Supreme Court of British Columbia effectively confirmed that a user fee is reasonable if it is objectively reasonable, meaning reasonable on objective grounds.   In De […]

Update – Voting

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments from Imbeau v. Strata Plan NW971, 2011 BCSC 801, a recent case overturning a $3 million dollaw special levy because the secret ballot lacked sufficient secrecy.

A Secret Ballot Must Provide Privacy

Recently, the Supreme Court of British Columbia overturned a $3 million dollar special levy because the secret ballot held to approve the levy lacked sufficient secrecy. As each eligible voter’s ballot was collected, his or her voting choice could by seen by that person’s neighbours and by […]

Update – LCP Balcony Repair

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments from Guenther v. Strata Plan KAS431, 2011 BCSC 119, clarifying the process that strata councils must use when requiring owners to pay for repairs to Limited Common Property.

Repairing A Limited Common Property Balcony

To make an owner responsible to repair limited common property (“LCP”), a bylaw is required. A recent court case confirms that since a bylaw is necessary, a strata council alone may not dictate what LCP the owner must repair.

 

Background

When considering repairs under the Strata Property Act, one must consider two […]

Update – Protecting Views

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments from Chan v. Strata Plan VR-151, 2010 BCSC 1725, affecting the definition of Common Property.

Protecting A View

 

A strata corporation may adopt a bylaw requiring owners to refrain from interfering with one another’s views.

In Chan v. Strata Plan VR-151, the court considered whether the common law creates an easement to protect a strata lot owner’s view.[1] In a four storey strata apartment building, an owner’s ground floor unit had a patio. According to the strata plan, the patio was part of the […]

Strata 101: The Strata Concept

Historically, the law allowed landowners to subdivide their land into two or more separate pieces. The owner of any piece of land also owned the buildings on it. But what if the owner of a building wanted to subdivide it into several parts with different owners? Although an owner could subdivide land, the law did not easily permit the owner to subdivide a building into separately owned parts. The strata concept is the solution.

What is a “strata” development? A strata development is a special way of subdividing a building, or sometimes land, into separate parts for individual ownership together with […]

Update – Meeting Adjournment and Reconsidering Votes

Mike Mangan has updated TCM Online, the electronic version of The Condominium Manual, to include the recent developments from Strata Plan NW 971 v. Daniels, 2010 BCCA 584, affecting both Notice for an Adjourned Meeting and Reconsidering the Vote on a Resolution.

Notice for an Adjourned Meeting
The Strata Property Act does not say whether fresh notice is necessary when a meeting is adjourned. Where a properly convened general meeting is adjourned, it appears that fresh notice is not required so long as the business at the adjourned meeting relates only to the same agenda and resolution as the initial […]