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Voicefromthe cefromthe voic ... stratastrata-- ® www.stratasphere.com Fall 2002 Inside This Edition Committee Operations Committee Operations & Development & Development Antonio Gioventu, Executive Director Antonio Gioventu, Executive Director CONDOMINIUM HOME OWNERS’ ASSOCIATION OF B.C. CONDOMINIUM HOME OWNERS’ (CHOA) ASSOCIATION Editorial: Joint & Several Liability Will It Become a Thing of The Past? ommittees may perform a valuable role Antonio (Tony) Gioventu, the Executive Cora D. Wilson, Editor in a strata corporation. They can ease the Director and Strata Property Advisor for the C Condominium Home Owners’ Association of STRATA-SPHERE CONDOMINIUM burden of responsibility from the strata council, B.C. (CHOA), brings 18 years’ of experience in SERVICES INC. increase the involvement from the ownership and property management, development and strata assist in the implementation and long term property legislation to his position. Civil Liability Review planning of the strata corporation. CHOA & CASH A common example of a committee is a landscaping or garden committee. To understand the structure of the committee, we first have to understand the structure of the corporation. The strata What Risks Do You Take By corporation is the collective interests of all the owners. They all have an undivided interest in the Serving on Council? common property assets and facilities of the corporation, thereby, they also have an interest in how Peter Nordlinger, Associate Lawyer those areas are maintained and operated. Each year the strata corporation approves an operating C. D. WILSON & ASSOCIATES budget which in turn establishes the strata fees for the coming year. Additionally, the strata corporation may also pass a special levy or resolution for monies to be spent from the contingency Governance reserve fund for additional projects that do not normally occur each year. Once those amounts have Roy Jensen been approved, the elected strata council has the obligation to proceed with the maintenance and CONVERGENT SOLUTIONS repairs of the common facilities, property and assets of the corporation in accordance with the Failure to Obtain 3/4 Vote of Owners approved budget or the special levy. Before Commencing a Legal Suit - Take for example, a situation where a budget approval authorizes expenditures of $25,000.00 for IS IT FATAL? landscaping. In a large townhouse complex this may be a common amount for annual maintenance. Cora D. Wilson, Lawyer What to do with those funds becomes the decision of the strata council if the expenditures are not C. D. WILSON & ASSOCIATES stipulated in the budget. Alternatively, this is where a committee could play a role. If the council opts to approve a committee, it should follow the procedure set out in Standard Bylaw 20 of the 22 - Year Old Strata Property Act, which reads: Condo Building Envelopes False Comfort Due To A Building’s Delegation of council’s powers and duties Age Syndrome 20 (1) Subject to subsections (2) to (4), the council may delegate some or all of its powers and Martin Gevers, P. Eng. duties to one or more council members or persons who are not members of the council, and LEVELTON ENGINEERING LTD. may revoke the delegation. (2) The council may delegate its spending powers or duties, but only by a resolution that Homeowner Protection Office: (a) delegates the authority to make an expenditure of a specific amount for a specific purpose, or Providing No-Interest Loans (b) delegates the general authority to make expenditures in accordance with subsection (3). and PST Relief HOME OWNER PROTECTION OFFICE (3) A delegation of a general authority to make expenditures must (a) set a maximum amount that may be spent, and The Truth,The Whole Truth, etc. (b) indicate the purposes for which, or the conditions under which, the money may be spent. Gerry Fanaken, President (4) The council may not delegate its powers to determine, based on the facts of a particular case, VANCOUVER CONDOMINIUM SERVICES INC. (a) whether a person has contravened a bylaw or rule, continued on page 2… www.stratasphere.com continued from page 1 Voice from the (b) whether a person should be fined, and the amount of the fine, or Strata-sphere (c) whether a person should be denied access to a recreational facility. Once the corporation has approved the amount of $25,000.00 for landscaping, the decision process Voice from the Strata-sphere and the delegation of powers or duties to a committee begins. Before you start, you require a is published semi-annually by checklist, such as the following: • How are you soliciting members of the committee? Strata-sphere • Who is on the committee? Condominium Services Inc. • Who is eligible? 630 Terminal Avenue North, • Do your bylaws have any stipulations for the committees? Nanaimo, B.C. V9S 4K2 • If the committees hold meetings, does the council set any guidelines, such as time, location, Tel: 1-888-298-7999 process for notifying the owners, etc.? (250) 753-0353 • Who is performing the contract work? Is it resident owners, or is the work being contracted? Fax: (250) 741-1441 • What is the breakdown of the costs? Is there a percentage of allocation for maintenance? A Email: [email protected] portion for replacement of plants and materials? Any upgrades to landscaping? Web Site: www.stratasphere.com • Who is responsible for administering the contract? Is the work tendered each year? Who Editor: Cora D. Wilson performs monthly reviews? Who is the supervisor of the contractors or volunteers? © Copyright 2002 • If there is a problem with the landscaping, who is the contact person? The editorial content of this publication is • Is this the role of council, or has council delegated these duties to a committee? protected by copyright and may not be • If the duties have been delegated, what authority is the committee granted? Supervision? reproduced, reprinted or published Budget allocations? Alterations? Maintenance and repairs? without the prior written consent of Strata- • What system of reporting is undertaken? Financial reports, maintenance reports, or alteration sphere Condominium Services Inc. requests? The opinion and views expressed in this • Does the council require a monthly report from a representative of the committee? If so, in what Newsletter are not represented or form? warranted as representing the views of Strata-sphere. The content in the Articles • What obligation does the committee have for long term planning and budget planning for is provided for information purposes and subsequent years? is not to be construed or relied upon as For council or committees that are undertaking implementation of budgets or special projects, there legal or other professional advice. are critical questions to be answered before the undertakings can begin. If your committee is Publishing the names of an individual or a reviewing a contract for recommendation to the council, it is important to remember that only the company in ‘Voice from the Strata-sphere’ council can sign the contract and determine whether the contract should undergo a legal review prior is not to be construed either directly or to completing the agreement. indirectly as an endorsement of such person or company or its products. Advertisements reflect the products and services provided by the advertiser. FULL SERVICE LAW FIRM ADVERTISING RATES BRITISH COLUMBIA’S LONGEST ESTABLISHED Personal Injury 1/8 page ............... $125 per issue Construction Law 1/4 page ............... $215 per issue Condominium Law 1/3 page ................ $275 per issue Leaky Condo Litigation 1/2 page ................ $385 per issue LAW FIRM Insurance 2/3 page ................ $440 per issue Civil Litigation 3/4 page ................ $580 per issue RON LOU-POY, Q.C. J.F. NOEL PAGET PETER W. KLASSEN Divorce & Family Full page ............... $675 per issue RICHARD T. TAYLOR GUY C.WHITMAN JOHN E.D. SAVAGE Family Law Mediation Business Card.......... $70 per issue R. LAWRENCE SPOONER ALLAN R.TRYON KELLY A.WOODS Real Estate & Mortgages Plus GST J. DAVID HOUSTON KATHERINE THIESSEN-WALE MICHAEL A. ARNOLD Estates, Wills & Trusts Note: Artwork & Setup extra per quote R. BRUCE E. HALLSOR Prices subject to change if distribution Corporate & Business increases. 2,500 copies currently printed. “Serving Your Needs For Labour Relations & Employment Over 100 Years” Banking & Commercial Finance SUBSCRIPTIONS AVAILABLE Crease Municipal & Administrative 1-888-298-7999 800 - 1070 Environmental (250) 753-0353 Harman & Fax: (250) 741-1441 Douglas Street EMail: [email protected] P.O. Box 997, Victoria 388-5421 Web Site: www.stratasphere.com Company B.C. V8W 2S8 Fax 388-4294 www.stratasphere.com Joint & Several Liability Will It Become a Thing Of The Past? Cora D. Wilson, Editor STRATA-SPHERE CONDOMINIUM SERVICES INC. he Civil Liability Project is one of three major law reform projects Australia and the United States, which have mitigated against this unfair Tcurrently underway. New legislation is expected as early as the spring impact on defendants with “deep pockets”. of 1993. There is speculation that the law of joint and several liability for Even if the principle of joint and several liability is potentially unfair - the negligence is one of the areas which will be modified (likely not abolished). fact remains that this is currently the law. Would it be fair to change the rules How will this affect the thousands of “leaky condo” victims who have not midstream? For example, compulsory insurance by the construction yet completed litigation? industry is an important component of the Australian legislation which There is no doubt that the scope of recovery in negligence actions for pure abolished joint and several liability. A scheme of proportionate liability (ie. economic loss has been expanded. Municipalities are at risk of bearing pay for your share of the loss) makes sense in this context. more than their several share of the loss in Leaky Condo cases where one or The horse is out of the barn in the Leaky Condo context.
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