When Is a Statutory Building Scheme No Longer Enforceable? Unfortunately, the answer to that question is, “it depends”. A statutory building scheme is a document that is registered on title to properties within a subdivision imposing terms that limit what a homeowner can do with his or her property. Statutory building schemes can be very…
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Once you have an accepted offer to purchase a property the very next thing you should do is send that contract to your Kelowna real estate lawyer. Real estate lawyers want your contract as early as possible so we can collect information on the property and so we have time to complete a title review. The…
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With the recent legalization of cannabis in Canada, commercial real estate property and commercial leasing are in high demand for businesses seeking to operate legal cannabis dispensaries in Kelowna and throughout Canada. The Cannabis Act ensures a strict legal framework for controlling the production, distribution, sale, and possession of cannabis. In British Columbia, local, provincial and federal laws dictate…
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Effective January 1st, 2019 there will be new changes to REDMA (Real Estate and Development Marketing Act). The changes pertain to the assignment of contracts for developments like Ella, One Water, Brooklyn, and other strata condos in town. With these new changes, if a purchaser wants to assign their contract before they complete their purchase…
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A recent North Vancouver strata owner took the Strata Corporation to the Civil Resolution and won. He now is allowed to keep his golden retriever dog. He successfully argued the bylaw that restricted “small dog” was too vague and therefore is an unenforceable bylaw. The decision can be found here. The facts of the case…
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In the Fall of 2018, the BC Provincial Government will introduce a new speculation tax on residential property. This tax will target foreign and domestic speculators who pay little or no income tax in BC as well as satellite families (families who pay little income tax in BC and have high worldwide income). The BC…
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An owner sued the strata corporation and the strata corporations’ property manager alleging she suffered injuries as a result of inhaling toxic paint fumes when a painting company engaged by the strata corporation repainted the common property hallways and stairways in both of the strata buildings: Wingrave v. Pure Painters Inc. ,2018 BCSC 58. The owner’s…
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Are you considering purchasing a unit in a strata/condo building or complex? When purchasing any form of property, the onus falls on the purchaser to investigate the state and quality of the property they intend to buy. When considering units in apartments, condo buildings, townhouses, and even duplexes, purchasers should ensure they have a…
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Buying a home, especially for the first time, can be many things – exciting, nerve wracking, the fulfillment of a life long dream. One of the big questions facing many buyers is the all important “how much can I afford?” Buyers tend to focus on the sticker price of the house and it…
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To resolve one of the challenges that booming Kelowna faces - the need for more housing - the City of Kelowna has been interested in bringing new housing concepts to Kelowna’s core downtown neighborhoods. One such concept is the new urban residential zoning, or RU7 zoning. RU7 zoning offers an opportunity for increased density in…
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