Monday, May 19, 2014

British Columbia Law Insitute Consultation Report on Terminating a Strata

The British Columbia Law Institute is seeking comments on its Consultation Report on Terminating a Strata published as part of an ongoing Phase 2 of the Strata Property Law Project. As set out in the press release issued on May 15, 2014:

The British Columbia Law Institute is asking the public for its opinion on proposals to reform how the Strata Property Act deals with the termination of a strata. In its just-published Consultation Paper on Terminating a Strata, BCLI examines the development of what the Strata Property Act calls cancellation of a strata plan and winding up of a strata corporation and makes 21 tentative recommendations designed to improve this province’s legal framework for terminating a strata.
“Termination is likely going to become an important issue for stratas, as strata buildings age and as the strata sector in British Columbia continues to evolve,” noted Strata Property Law Project Committee Chair Patrick Williams. “This consultation will give people an opportunity to have their say on how to strike the best balance in the rules applying to termination.”
The consultation paper begins by tackling the key issue of the voting threshold to authorize termination, proposing a move from the current rule of unanimous consent to a rule setting the threshold at 80 percent of all voters. From there, the consultation paper moves on to consider the notice and procedural reforms needed to integrate this new form of resolution into the Strata Property Act’s existing collective decision-making system, the measures that should be put in place to protect the interests of dissenting owners and registered chargeholders, and the appropriate transitional rule for the committee’s reforms.
You can read the Consultation Report here .

The British Columbia Law Institute also has links from this page to a short summary, and response booklet.

You may also complete either a short survey (3 questions) or a longer survey (21 questions) on line.

The British Columbia Law Institute is requesting responses by September 30, 2014, before it completes a final report.

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