Conditions do apply

Tony Gioventu
Province

Dear Condo Smarts: Our strata recently passed a number of new bylaws. I wholeheartedly supported them as they will improve our lifestyles here.

We passed a new rental bylaw that limits rentals to five, an age bylaw that limits owners to 55 and over, and a pet bylaw that limits each unit to one dog or one cat.

At our information meeting beforehand, our property manager told us not to worry because anyone underage, with extra pets or tenants would be grandfathered. Only two months have passed since the meeting and we, the strata council, are in some real disagreements over what that meant.

If we’re grandfathered, doesn’t that mean the bylaw doesn’t apply to us, so if we wanted to get an extra dog or cat that would be OK?

What about tenants? Can’t anyone who was a landlord at the time continue to rent the suite until they sell it?

— MW, North Vancouver

Dear Muriel: The term “grandfathered” is used extensively in publications and by strata councils, yet the term does not appear anywhere in either the Strata Property Act, Regulations or Standard Bylaws.

There is a common misunderstanding that grandfathering exempts an owner from the new bylaw for as long as they own their suite.

However, that is not the intent of the Act.

The exemptions granted by the Strata Property Act are conditional. They allow for a period or circumstance of exemption to accommodate persons who would be affected by a new bylaw. Pets, rentals and age are the exact bylaws the exemptions apply to.

Under the act, pets, tenants and owners not in compliance with the new bylaws who are residing in a strata lot at the time the bylaw is passed — not when it’s registered — are exempt from the bylaw until their residency/condition terminates.

For example, if your strata passes a new pet bylaw that limits owners to one cat or one dog, and you have two dogs, then on the moving or passing of one of your dogs, you would be limited to only one dog.

If a resident was 35 at the time, and the strata passed a 55-and-over occupancy bylaw, then the 35-year-old could remain as long as he or she wishes, but any new occupants or tenants would have to be 55 and over.

In the case of a tenant, the current tenant at the time of the bylaw being passed would be permitted to remain for whatever period they and their landlord agreed to.

But if that tenant moves, the landlord would only be able to rent for one more yea; at that time the landlord would either have to occupy the unit, leave it vacant or sell it, but could not rent it out to a new tenant.

For an investor this is important to understand. As long as there are rental vacancies in the bylaw, you could rent again, but if the quota is filled you cannot rent once your exemption expires.

Don’t interpret the term “grandfathering” as perpetual with the exemptions granted by the Act, which are only conditional.

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

E-mail: [email protected]

© The Vancouver Province 2008

While every unit is unique, efficient layouts are common to all

Kate Webb
Province

Like beer, coffee and chocolate, consumers’ tastes in home interior schemes come mainly in three shades: light, medium and dark.

Layer on some earthy, descriptive handles — Skyscape, Seascape and Landscape — and you’ve got the winning trio of light, medium and dark designer options offered at the new Wall Centre False Creek condo development.

The four 12- to 16-storey mid-rises — of which two buildings have been released and 60 per cent of their units have been sold — are in the heart of “downtown’s new address,” according to Tracie McTavish, marketing director for the False Creek development.

By spring 2011, the buildings will take up the entire block between Manitoba St. and Columbia St. on West 1st Avenue, giving residents a chic crash pad just minutes from downtown and the seawall.

The standout feature of these homes is that, more than just a lazy smattering of the industry’s standard neutral tones, the experts managed to co-ordinate textile combos that really pop.

“Everybody has different tastes and you try and cover all your bases,” explains McTavish.

The kitchens are hands-down the showcase for these three outstanding examples of contemporary design, offering a high-end Wolf gas-fired cook top stove with snazzy red knobs, a gleaming oversized tub sink, and the thickest-cut marble and granite countertops you’ve ever seen.

“Kitchens are the biggest focal point for most units,” says McTavish. “The layout is extremely efficient, and the quality of the finishings sets us apart.”

The Sub-Zero fridge is built into the sleek, spacious cabinetry; a wine rack comes in the same wood style.

The lightest “Skyscape” theme comes with striking slate grey and white marble counters and backsplash, while Seascape suites come with a multicoloured, mosaic-like granite countertop and painted glass backsplash.

The Landscape theme, with its rich, dark tones and more masculine appeal, offers the most contrast of the three because of its travertine (read “white”) marble floors.

The layouts vary considerably, some with breakfast nooks and others with a more open concept dining and living area, but all come standard with hardwood, wide-plank floors, high-end fixtures from brand-name giants such as Kohler, Faber and Kindred, and most come with balconies and stunning water views.

Exterior wall space has not gone to waste, with lots of large windows set in unobtrusive frames to make the most of both the living room and bedroom views.

On the same track to efficiency, dens offer exactly enough space for a compact home office without wasting any of the valuable square footage.

The bathroom finishings echo the extravagance of the kitchens, with marble tiles in caramel-and-cream or black-and-white themes, covering from sink to shower and floor to ceiling.

The built-in hidden storage under the sink and dual-flush toilet in these sanctuaries are also thoughtful bonuses.

All of these luxurious materials certainly could have packed a powerful environmental punch, but builders Wall Financial decided to mitigate their impact by building to LEED Silver equivalent standard (LEED stands for Leadership in Energy and Environmental Design and is the most widely recognized international certification standard for eco-friendly homes).

Wool carpet, energy-efficient refrigerators and efficient lighting, heating and water usage are all part of the resource-consciousness built into the development, and when added up, McTavish says going for the green standard has probably boosted purchase prices by seven to 10 per cent.

“It’s a corporate responsibility now. I think five years ago the consumer didn’t appreciate or understand it, but I think now they do, and they’re willing to pay more for it,” he says.

It’s not all seriousness at the Wall Centre False Creek, though. A 260-seat, brand new Playhouse Theatre being built downstairs will give residents the inside scoop on the city’s ever-expanding arts scene.

“It’s got culture. It’s hip, progressive and contemporary,” says McTavish of the Centre. “When this is built, the buyer will appreciate the Playhouse Theatre and what it has to offer.”

With the Olympic Village right across the street, the seawall and a new Arthur Erickson-designed community recreation centre going in two blocks away, and public transportation options and amenities all around, interested buyers will do well to start pondering as soon as possible whether their tastes in kitchens match their aesthetic ones.

THE FACTS

What: The first phase of Wall Centre False Creek, a 200-unit, two-tower condo development.

Where: 1708 Columbia St., 168 West 1st Ave., and 138 West 1st Ave., Vancouver.

DEVELOPER: Wall Financial Corp.

SIZES: Studio apartments all the way up to two bedrooms-plus-den, from 394 sq. ft. to 1,071 sq. ft.

Prices: $409,000 to $1.3 million

OPEN: Presentation centre with display suite and several vignettes open at 130 West 1st Ave., Sat. to Thurs. from noon to 5 p.m.

MORE INFO: Visit www.wallcentrefalsecreek.com

PHONE: 604 874-9232

© The Vancouver Province 2008