Entries by Del Elgersma

NEW LICENSING FOR LEAKY CONDO REPAIRS

In 1999 the B.C. government implemented the Homeowner Protection Act, creating the Homeowner Protection Office, and requiring compulsory licensing for builders and mandatory warranty coverage on new homes (click here to see ourarticle about the Homeowner Protection Act). Under new regulations that came into force on October 1, 2000, repair contractors who arrange, manage or perform building […]

Why Incorporate?

A common question asked by entrepreneurs starting a business is “Should I incorporate?” The most common answer is: “It depends”. A business is owned either as a proprietorship, a partnership, or a corporation. Proprietorship A business owned by one individual (a “sole proprietor”) is a proprietorship. This is the simplest form of business structure, as […]

Power of Attorney Deadline Extended

Thanks to a recent announcement by the Attorney General, British Columbians will have another year to make enduring Powers of Attorney. A Power of Attorney is a legal document that allows you to appoint another person, called an “attorney”, to manage your legal and financial affairs. (“Attorney” in this case does not mean a lawyer […]

Homeowners Ordered to Remove Suite

A B.C. couple that excavated their crawl space and converted it into a secondary suite, in violation of a municipal bylaw, was recently ordered to restore their home to its original condition. In 1994 the couple built a two-storey house with a crawl space on a lot they owned in Burnaby. The lot was zoned […]

New Condo Legislation In Force

A new act has replaced the Condominium Act as the primary legislation covering the development and governance of condominiums in B.C. The Strata Property Act, along with its amendments, regulations and forms, came into force on July 1, 2000. The new Act applies to all condominiums, both new and existing. The responsibilities of the owner […]

Adult Guardianship Law Overhauled

Adult guardianship legislation that was pending for years came into force on February 28, 2000. The legislation gives adults more power to determine their future and provides more support and protection for those who are vulnerable to abuse or no longer capable of making their own decisions. Four acts make up the adult guardianship legislation. […]

SWEETHEART STRATA DEAL UNSWEETENED

A B.C. Supreme Court judge recently ruled that the developer of a strata-titled development had an obligation not to put its interests ahead of the interests of future owners. The developer had agreed to give the first purchaser in the development an exclusive 99-year lease of a rooftop patio owned by the strata corporation. Since […]

Living Wills

Thanks to the adult guardianship legislation that became law on February 28, 2000, “living wills” are now legally valid in BC. A living will is a written statement that expresses your wishes regarding medical treatment and personal care in case you are unable to express your wishes at the relevant time. Living wills are also […]

Wills Variation Act Violates Charter

In January the B.C. Supreme Court ruled that B.C.’s Wills Variation Act violates the Charter of Rights.  The Act permits a testator’s wife, husband or child to apply to the court to vary the will (a testator is someone who makes a will). If the court agrees that the will does not adequately provide for the testator’s […]