The Globe and Mail September 1, 2009

The worst is likely over, say the heads of four of Canada's largest real estate brokerages. Canadian commercial real estate now faces 12 to 18 months of slowly climbing back to normal activity.

And when recovery finally kicks into full gear the pace of activity - buying and selling, leasing and even construction - will likely be fast-paced, they add.

This recession, the four agree, has not been as devastating for the industry nor as transformative as those at the start of this decade and in the early 1990s. The difference, they say, is that we entered last fall's global meltdown without an oversupply of commercial, industrial and retail space.

As a result, even though the industry is smack in the middle of the trough that precedes the upswing, vacancy rates are relatively low and the downward pressure on rents is minimal. That means recovery will be launched from a stable platform and the first months - or years - will be not wasted on playing catch-up.

Here is what they have to say:

If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
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Sunday Province

August 16th, 2009

Dear Condo Smarts: What do you do when you have an owner that is always costing your strata money? At our annual general meeting in June, we almost elected a great council. The exception was an owner who caused so much trouble that when she was nominated and elected (because we didn't have more than seven nominated), the five remaining council members immediately resigned. The last lawsuit she caused left us $20,000 poorer because she refused an alteration to the interior of a unit for a special needs person. Help.

- Jenny, Abbotsford

Dear Jenny: If you apply the Standard Bylaws and Section 50 of the Act, you will discover two distinct provisions that will help you . The first is that in the Standard Bylaws, there is only a requirement for your strata to have a minimum of three and a maximum of seven council members. It is not mandatory to elect seven. Many strata corporations feel obliged to accept everyone just because they are nominated. This is not true unless your bylaws specifically require that all seven positions must be filled.

Section 50 of the Act is the second part. At general meetings, matters are decided by a majority vote, unless a higher vote is required for a 3/4 vote or unanimous resolution in the Act or regulations.

So the strata corporation by majority votes, then decides who is elected to council. Whether you do this by secret ballot or by show of hands, the result is that those persons who are elected by a majority of the votes cast for or against the resolution will determine who is elected to council.

There is no provision in the Act or the bylaws for acclamation by nomination. It still requires a majority vote of the owners to elect those nominated.

A word of caution: Many strata corporations have adopted different governance bylaws that address elections, nominating committees and voting thresholds for council election or removal, so double-check your bylaws first. It is also helpful for strata corporations to adopt bylaws that address voting eligibility. If the strata corporation is entitled to file a lien against a strata lot, a nominee is not eligible to be elected to council or to continue to sit on council with the proper bylaw amendments.

Lastly, before you elect someone to council, make sure they are eligible. I did a title search on the unit of this council member and discovered she is not on title. She is the spouse of an owner and, because the strata have no bylaws permitting the spouse of an owner to be elected, she is ineligible to be on council. The strata could have saved a lot of time and trouble just by asking her ownership status.

By: Tony Gioventu is executive director of the Condominium Home Owners' Association.

If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net

According to my mortgage broker good deals are here to stay.

It doesn't seem like the rates are going to increase in the near future.

However, you never know for sure. The best way is to get pre-approved NOW!. It doesn't cost you anything to get pre-approved, and you will know what your rate is when the time comes to write that deal.

"Hopefully the down trend continues. Some excellent specials you and your clients that don't have holds

might want to be aware of. Note these are for live deals - principle residence and could be pulled any time with some restrictions. No holds/pre-approvals.

4.09% 5 year fixed - I'm sold that 5 year is the way to go.

3.99% 5 year fixed if mortgage over $500,000
3.85% 4 Year fixed
3.39% 3 year fixed

Variable:

If riding prime and plan to lock-in this is the best deal out there:

2.40% 3 year variable Prime + 0.15% -  lock-in to best discount at any time.

2.55% Prime + 0.30% - 5 year variable - lock-in to best discount at any time.

 Courtesy of:
Greg Viger
Mortgage Expert, AMP
greg@yourmb.com

If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net

Vancouver Province August 9, 2009

Dear Condo Smarts: I have a dog in a strata in Kitsilano. I bought my unit two years ago, and ever since moving in have been harassed by owners constantly about having a dog, even though the bylaws permit one dog per strata lot.
A group of owners have allegedly complained about the noise my dog makes during the day when I am at work, and council has notified me that I will be fined if I do not get rid of my dog.

My dog goes to work with me every day, so I am challenging their claims. I have requested a hearing as the Act permits, and requested copies of the complaints.
Council claims that due to privacy laws they cannot release the complaints. The Act requires that they identify the particulars of the complaint(s), yet at the hearing they could or would not identify any valid complaint, other than their desire that I remove my dog.

How do I access the complaints if council won't release them?

If they don't release them, how do I have any sense they are even valid?

Dear SJ: Our offices receive hundreds of calls regarding privacy matters every month. The privacy legislation is not intended to protect strata councils or owners from the requirements of the Strata Act.

The particulars of a complaint can include a number of issues, such as the time and date of the complaints, - SJ
the duration of the alleged violation and the frequency of the violations.

For strata councils to release complaints, they might insist that they be in writing and that the complainant consent to the release of that information, although it isn't always that simple.

For example, if an owner notices that someone has made an alteration to common property without written approval and submits a complaint, the council may want to first investigate the claim and photograph the alteration.

Then the complaint itself is no longer necessary.

There may also be concerns about retribution over the complaint or personal security issues.

The strata council will have to decide on the limit of information they can release to both ensure they can prove they have a credible claim and also protect the privacy of owners.

Remember, the council has only informed you of an allegation. They have a duty to provide credible information or evidence proving the allegation, and you still have the option to dispute the claim, or proceed with arbitration or a court action against the strata corporation.

The Office of the Information and Privacy Commissioner has posted a new information guide on privacy matters for strata councils, owners and strata agents. While these are only guidelines, they do provide insight into the complexity of balancing the requirements of the Strata Property Act and the needs of protecting privacy and personal information.

Go to: www.oipc.bc.ca. The guidelines are found under "what's new."

Coutesy of;
Tony Gioventu
Executive director of the Condominium Home Owners' Association.

 If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net