Archive for March, 2018

Judge rules Vancouver West End condo, Barclay Terrace at 1075 Barclay Street, assembly can be sold off despite holdout owners’ protests

Thursday, March 15th, 2018

Stephanie Ip
The Vancouver Sun

A judge has ruled that the sale of a Vancouver West End assembly can proceed despite two holdout owners who believed the sale price was too low and that they were not kept informed during the sale process.

Barclay Terrace is a 36-unit concrete complex built in 1992 and located at 1075 Barclay St. in Vancouver’s West End.

Of the 36 units in the building, 34 belong to two corporations, Barclay Thurlow Property Inc. (BTPI) and Shepstone Investments Inc., referred to as the majority owners.  BTPI is affiliated with Westbank Corporation and Shepstone with Bosa Properties Ltd.

The units had been gradually purchased by the companies from individual owners with the goal of winding up the strata corporation and selling the property for redevelopment.

According to B.C. strata bylaws, owners can force a sale if 80 per cent agree; with 34 of the 36 units in hand, BTPI and Shepstone owned 94 per cent of the strata vote.

An adjacent complex of four two-storey townhomes was also bought by Shepstone to be sold as part of the assembly.

The remaining two units at Barclay Terrace belong to Grace and Lisa Francescato and Ramin Malekmohammadi Nouri, referred to as the minority owners in court documents.

The Francescatos had been in discussions to sell their suite to the majority owners in 2016 for $1.9 million, but the sale fell through after the Francescatos raised their price to $2.1 million and then changed their minds.

Nouri had been contacted by the majority owners in 2015 and 2016 to sell his unit but he refused on both occasions. In early 2017, BTPI offered Nouri $3.5 million to sell and said they were “prepared to offer more.”

“According to … the realtor engaged by BTPI to negotiate with Mr. Nouri, Mr. Nouri said his price was $10 million,” read court documents. When told the “figure was absurd” but that a counteroffer would be entertained, Nouri lowered his price to $9.75 million. The negotiations ceased.

After a purchase offer for the complex was made by Grand World Holdings Ltd. in June 2017 for a price of $105 million, the majority owners applied to the court to confirm its resolution to wind down the strata and proceed with the sale. They also notified the holdout owners of the deal struck, and informed the Francescatos they would receive $2.7 million and Nouri $2.2 million as part of the sale.

The minority owners, however, opposed the application based on their beliefs that they weren’t adequately consulted during the sale process and that the sale price is too low.

In his decision dated March 13, 2018, Justice Warren B. Milman ruled that the minority owners were as informed as could be since the majority owners were required to keep the details of the sale agreement confidential. Milman also said the holdout owners had fair warning as to what the future was likely to hold for Barclay Terrace.

“The minority owners were not taken by surprise by what occurred,” wrote Milman. “They were able to see the writing on the wall by late 2015 or early 2016, when the majority owners sought and then acquired a controlling block in pursuit of their patent agenda to redevelop the property.

“At that point, a dissolution and sale of Barclay Terrace was all but inevitable (and, in the case of the Francescatos at least, initially welcomed).”

As for the sale price, the judge noted that the assessed value – which the minority owners suggest is closer to $150 million – is based on the assumption that all 36 units and the adjacent townhomes are sold as a controlling block under one owner. He also rejected the notion that the minority owners were being unfairly treated or that the sale price was prejudiced against them.

“In the end, the minority owners are to receive enormous premiums over the 2017 assessed values of their units as a result of the efforts of the majority owners in marshalling the combined properties for sale as an assemblage,” he wrote.

“The Francescatos are to receive $2,677,500 for a unit assessed at $793,000 and Mr. Nouri is to receive $2.2 million for a unit assessed at $672,000.”

Milman then granted the majority owners’ application to wind down the strata and sell off the property.

© 2018 Postmedia Network Inc.

Tighter lending restrictions are making an impact in BC

Thursday, March 15th, 2018

Steve Randall
Canadian Real Estate Wealth

The new mortgage rules that came into effect at the start of 2018 are having an impact on the market in British Columbia.

The BCREA says that 6,206 homes were sold through the MLS in February, down 5.7% year-over-year, while prices were up 8.8% to an average $748,327.

“More stringent mortgage qualification rules for conventional borrowers are dampening housing demand in the province,” said Cameron Muir, BCREA Chief Economist. “Since the new rules came into effect, BC home sales have fallen more than 26%, on a seasonally adjusted basis.”

Year-to-date, BC residential sales dollar volume was up 15.9% to $8.47 billion, compared with the same period in 2017. Residential unit sales increased 4.1% to 11,516 units, while the average MLS residential price was up 11.3% to $735,755.

The association says that previous tightening of mortgage rules has led to a softer market for around 4 to 7 months with the third month typically showing the largest impact.

Copyright © 2018 Key Media Pty Ltd

B.C.’s new tax sparks fears of damaged economies across province

Thursday, March 15th, 2018

by Dirk Meissner
Canadian Real Estate Wealth

Communities across British Columbia are speaking out against the province’s proposed speculation tax on real estate, saying the levy could damage their economies.

The Regional District of Nanaimo joined West Kelowna on Wednesday in asking the NDP government to rethink the tax, introduced in last month’s budget.

West Kelowna council voted unanimously to seek an exemption from the proposed tax covering the entire community of 35,000 people in the Okanagan.

The Nanaimo Regional District board, representing much of central Vancouver Island, also voted unanimously to “object to the speculation tax in any form, in any region or municipality in B.C.

Board members asked for a meeting with Finance Minister Carole James to discuss the tax and they invited the mayors of Nanaimo, Parksville, Qualicum Beach and Lantzville to attend.

In a statement Wednesday, board chairman Bill Veenhof said there are deep concerns about the potential impact of the tax on people who own vacation properties in the Nanaimo area.

“These people are not speculators,” the statement says. “They are important members of our communities. Families who visit year after year, supporting local businesses, paying their fair share of property taxes, and investing in our tourism-based economy.”

West Kelowna Mayor Doug Findlater said his community includes a large population of part-time residents and he fears there could be a real estate crisis if people decide to sell rather than pay the levy.

He said there are already signs developers are hitting pause on local projects.

“Suddenly, the development market is freezing up,” Findlater said in an interview. “The banks are not loaning and some developers are being caught in this already. I’m aware of that. Other developers who haven’t built are just putting it all on hold and just waiting for the air to clear.”

James said she is reviewing the tax, which would cost some homeowners $5 for every $1,000 of their property’s assessed value this year and increase to $20 for every $1,000 of assessed value in 2019.

“I want to stay focused on the reason we’re doing this, which is for affordability,” she said. “When you have in Kelowna a 0.2 per cent vacancy rate, that causes all kinds of problems.”

The speculation tax would apply to properties owned by people who do not pay income tax in B.C. in a bid to improve housing affordability and moderate the real estate market. But many B.C. residents with vacation properties are saying government policy offering income tax credits to offset potential tax increases does not go far enough.

Copyright © 2018 Key Media Pty Ltd

Toronto, Vancouver trending in opposite direction from rest of country

Thursday, March 15th, 2018

Canadian Real Estate Wealth

Canadian home sales fell 16.9 per cent in February, while the national average sale price dropped five per cent, compared to a year earlier.

New monthly numbers from the Canadian Real Estate Association also show that national home sales declined 6.5 per cent from January to February, the second consecutive monthly decline and the lowest reading in nearly five years.

Sales were down in almost three quarters of all local housing markets, but there were large monthly drops in the Greater Vancouver and Greater Toronto areas, CREA says.

These declines confirm that many homebuyers moved their purchase decisions forward to late 2017, in a bid to secure mortgages before tighter lending rules took effect in January, said Gregory Klump, CREA’s chief economist.

The national average house price for homes sold in February 2018 was just over $494,000, down five per cent from a year earlier.

But excluding Toronto and Vancouver, the country’s most active and most expensive markets, the national average price was just under $382,000, up 3.3 per cent from $369,728 a year ago. 

The Canadian Press

Copyright © 2018 Key Media Pty Ltd

New mortgage rules behind slide in B.C. home sales

Thursday, March 15th, 2018

New mortgage rules cited as B.C. sales slide

The Vancouver Sun

The British Columbia Real Estate Association says tough mortgage qualification rules are a key reason for a province wide drop in housing demand last month compared with February 2017.

The association says home sales fell 5.7 per cent in February, with about 6,200 properties changing hands.

Chief economist Cameron Muir says on a seasonally adjusted basis, sales have plummeted more than 26 per cent since new federal mortgage rules took effect at the beginning of the year.

But the association says prices continue to climb, with the average home selling for just over $748,000, an 8.8 per cent jump over February of last year.

The Office of the Superintendent of Financial Institutions implemented new lending guidelines in January that require borrowers who don’t need mortgage insurance to show they would still be able to make payments if interest rates rise.

In order to get insurance, homebuyers must prove they can service their uninsured mortgage at a qualifying rate two percentage points higher than the lender’s rate or the Bank of Canada’s five-year benchmark rate, currently set at 5.14 per cent.

© 2018 Postmedia Network Inc.

Strata council obliged to give residents notice of expense issues as soon as possible

Thursday, March 15th, 2018

On budget deficits and deductibles

Tony Gioventu
The Province

Dear Tony:

Our strata has not replaced the plumbing, and with a number of common area leaks in the last two years, our deductible is at $100,000. With another pipe break in early January, the strata was faced with a $100,000 deductible for the claim that the property manager charged to our 2017 operating account, which ended Jan. 31. 

Our strata is a 105-unit highrise in east Vancouver. As an owner, we are being faced with a substantial increase in strata fees as part of our annual budget. There are already petitions going around to defeat the budget. 

Did we not have choices or alternatives to pay the deductible? We have looked at the council minutes for January and February, and there is no mention of the claim or the approval of the proposed budget. Who decides where an expense is made from the strata corporation’s funds?

Nicole M.

Dear Nicole: 

You have identified a perfect governance question. The Strata Property Act would deem this as an unapproved expenditure as it was not approved as part of your 2017 budget or contingency fund. As a result, the act gives the strata corporation the authority to expend this money from either the contingency reserve fund or operating fund.

This does not give the strata corporation the ability to simply dump all types of unapproved costs on the owners in the operating fund and force them into a deficit each year. 

You might follow the simple rule not to spend money that doesn’t exist. The act permits expenses from either fund and in the case of an insurance deductible, the act grants a rare provision for the council to approve a special levy without the need for a three-quarters vote resolution or special general meeting for an insurance deductible. 

At a properly convened council meeting, the strata council, by majority vote, approves the amount of the special levy, the date it is due and the amount each strata lots pays.

If you issue a special levy, those owners who have homeowner or landlord insurance may qualify to claim on their policy the deductible/special levy, which may be substantially less than the levy. This is also the rare occasion that an insurance deductible may form part of a lien against a strata lot because it was an authorized special levy.

The decision to charge this cost as an unauthorized expense to the operating fund is a majority decision of council. The decision must be included in the minutes and the owners must be informed of the expense as soon as feasible. Unfortunately, your owners were not informed until the notice package for the annual general meeting was sent out. 

While a strata corporation may delegate some of its authority through a strata-management agency agreement, there are still decisions the council needs to retain as it is obliged to give notice of those decisions to the owners. Major expenses, emergency expenses, bylaw enforcement decisions, unapproved expenses, insurance deductible allocations and the approval of the proposed annual budget are all council decisions. 

The complication of this decision to place the deductible in the 2017 budget put the strata corporation in deficit and the strata must pay back the deficit in the next fiscal year. If the owners defeat the budget at the AGM, the new council should seek advice on its options to cover the cost of the deductible before it holds a special general meeting within 30 days. It is always possible to reallocate an expense to correct an error or as instructed by the owners. 

© 2018 Postmedia Network Inc

Fairwyas 22 townhomes in four buildings at 303 171 Street Surrey by Zenterra Developments

Thursday, March 15th, 2018

Fairways showcases touches of glam

Mary Frances Hill
The Province

Fairways

What: A boutique-style development of 22 townhomes in four wood-frame buildings backing on to Peace Portal Golf Course

Where: 303 – 171 St., Surrey

Residence sizes and prices: Four-bedroom, three-level homes ranging to 2,110 sq. ft.; from $769,990 (Three-bedroom homes have sold out.)

Developer and builder: Zenterra Developments Ltd.

Sales centre: 2280 163 St., Surrey

Hours: noon — 5 p.m., daily

At Fairways, Zenterra’s planned community of townhomes overlooking Surrey’s Peace Portal Golf Course, designer Gene Guindon had fun with creative pairings of contrasting materials as he embraced the return of luxury and glamour.

Guindon likes to flex his design muscle by mixing and matching, incorporating materials one would find among modern decor into a more conservative setting. Velvet, which injects a touch of luxury into spaces populated by harder materials like tables and countertops, is one such element.
“​Velvet is back at the right time,” says Guindon. “The design industry has definitely headed back to adding a little more luxury and glam.”
He notes that the return to super soft materials in home accents around the home was inevitable after the popularity of mid-century and industrial design took hold.

“There were the years when industrial and mid-century [design] was popular,” he says, and it was just a natural progression to swing back to adding some softer touches.

“This doesn’t mean industrial and mid-century are cold and out of fashion. You’ll still be seeing mid-century pieces and shapes, but pairing with velvet-covered upholstery is a perfect way to soften up an industrial end table or mid-century dining table.”
One show home features a peacock velvet Madeleine bed set against gold-spattered wallpaper, “again, pulling in that luxury touch, but not overdoing it,” Guindon says.

The hard surfaces of the kitchen provided a perfect spot for Guindon to add more velvet. He used a smoky navy blue velvet on counter stools. “They are wonderful against the stone counter and grey kitchen cabinets — a classic colour combination.”

Going glam came easy for Guindon, who says he has a preference for coupling warm materials with durable solids — like the gold and navy blue, and peacock and gold colour combinations against grey flooring, white stone and grey cabinetry in the kitchens and bathrooms.
“I have to say my favourite element used, would be the combinations of navy blue and gold and the peacock and gold.”

Guindon says he felt free to be creative and daring with materials, thanks to his guiding companion at Zenterra.

He works closely with Zenterra’s sales manager Bryanna Christopherson, who shares feedback from homebuyers. “We really try to keep [improving] each project. A lot of thinking goes into the small details.”

© 2018 Postmedia Network Inc.

No ‘blank cheque’ for World Cup bid

Wednesday, March 14th, 2018

Premier balks at cost of hosting 2026 FIFA World Cup games in Vancouver

Rob Shaw
The Province

B.C. Premier John Horgan says he’s not willing to write a “blank cheque” to have Vancouver host soccer matches for the FIFA World Cup in 2026, which may threaten the city’s involvement in a bid package that’s due this week.

“We have been grappling with the proponents who want us to sign a blank cheque, a conditional agreement that can be changed by FIFA but not by us,” Horgan said Tuesday. “I’d love to see soccer games in B.C. Place. I’ve said quite clearly to the proponents, ‘Bring it on. Let’s bring soccer to Vancouver in 2026.’ But let’s also ensure the costs to taxpayers are not out of control.”

A unified bid featuring Canada, the United States and Mexico is seeking to host the 2026 tournament. Vancouver, as one of the potential host cities, could see a maximum of five games. The economic benefit of those games could range from $90 million to $480 million, according to a recent report to the City of Vancouver council, which voted to endorse and support the bid proposal.

The province would be expected to play a role in helping with the provincially owned B.C. Place Stadium, including any modifications required to the playing surface, parking, security and the cost of using the facility. This would be similar to the other Canadian cities involved in the bid, since all the stadiums are publicly owned.

The bid deadline is Friday. Horgan said the province submitted an offer last week, but it wasn’t accepted by the bid committee. Meanwhile, the federal government threw its support, and $5 million in funding, behind the proposal on Tuesday.

“The federal government announced today they support the bid in principle, but they didn’t say anything about the cost of security, they didn’t say anything about the indemnities that the province has to put in place, unlike other cities in Canada because we own the stadium,” said Horgan.

“I have a higher obligation than

just being a soccer fan. I have a higher obligation than just wanting to see world-class soccer in Vancouver. I have to make sure taxpayers aren’t on the hook for unknown costs at the whim of FIFA.

“I’m just not prepared to sign off on that, nor is the minister of finance. We’re going to continue to work with the proponent throughout the week, but I think they have to be responsible as well and understand that as much as we’d love to see soccer coming to Vancouver, world-class, not at any cost.”

The provincial Liberals accused the government of bailing on the bid after years of work.

“In 2015, the economic benefit, to B.C. alone, of hosting the FIFA Women’s World Cup was estimated to be about $118 million, all from an initial investment of $2 million,” said Liberal critic Jas Johal during the legislature’s question period Tuesday. “However, the reports are that the provincial government has

pulled out of the bid for the men’s 2026 FIFA World Cup. In fact, we have learned that the bid deadline was last night. Again, I ask the minister: Can she confirm if the province supports the bid, yes or no?”

In a statement, a spokesperson for the tourism ministry said: “The government supports in principle the Men’s World Cup FIFA event in Vancouver.”

The city, provincial government, federal government and airport authority are part of a multi-party working group, with similar groups set up in Edmonton, Montreal and Toronto.

If the bid is successful, Vancouver would be notified of its host city status in 2021. Then, the federal and provincial governments would be expected to help collaborate on costs.

It is unclear if B.C.’s hesitation, or outright abandonment, of the deal will throw the Canadian bid into jeopardy.

Victor Montagliani, the Vancouver-based president of CONCACAF, the regional governing body for soccer, and who is helping to prepare Canada’s bid for the World Cup, declined to comment: “It’s inappropriate for me to comment as I’m a vice-president of FIFA.”

A spokesperson with the federal Ministry of Sport and Persons with Disabilities redirected questions about the impact on the bid back to the B.C. government.

In a statement, City of Vancouver spokesperson Ellie Lambert called the bid “a once-in-a lifetime opportunity to be part of the largest sporting event in the world, and research has shown that if Vancouver was an official host city, we could experience up to $490 million in cost benefits.”

“We continue to work with our bid partners, including the province, and look forward to the United Bid Committee’s announcement later this week regarding the host cities that they will be including in the bid.”

Vancouver Whitecaps president Bob Lenarduzzi, who played on Canada’s only World Cup team in 1986, said Vancouver hosting games was a no-brainer.

“We hosted the Olympics in 2010, which was a huge success. We hosted the 2015 Women’s World Cup,” he said. “There’s no question we have the ability to be a part of the Canadian cities. We just want to get right behind the bid and do anything we can do to insure British Columbia is one of the host cities.

“It’s a once-in-a-lifetime opportunity, and it’s probably beyond that. Who knows if there’s ever another opportunity to host a men’s World Cup.”

© 2018 Postmedia Network Inc.

BC home sales see double digit decline since introduction of stricter mortgage rules

Wednesday, March 14th, 2018

Kerrisa Wilson
other

BC home sales saw an annual decline in February and — like much of the rest of the country — stricter mortgage regulations appear to be to blame for the drop.

Last month, a total of 6,206 homes changed hands in the province, down 5.7 per cent from February 2017, according to the latest data from the British Columbia Real Estate Association (BCREA), published today.

With the introduction of a new mortgage stress test on January 1, BCREA Chief Economist Cameron Muir says more stringent mortgage qualification rules are dampening housing demand across the province.

“If we look at February compared to December, sales were down about 26 per cent on a seasonally adjusted basis,” Muir tells BuzzBuzzNews.

Muir attributes the drop in sales to unusually strong activity in December before the new rules came into effect. And because eroding affordability has been easing demand, and reduced purchasing power for many households.

The province continues to face tight supply, with 22,633 active listings in February, a 5.5 per cent drop from a year ago.

Limited supply was met with strong demand last month, resulting in an increase in home prices, says Muir. The average price of a home in BC was $748,327 in February, up 8.8 per cent from the previous year.

“Most regions in the southern half of the province are at or near 10-year lows in terms of supply and that has been quite persistent. As a result we’re continuing to see upward pressure on prices, as homebuyers compete with one another for the available product in the marketplace,” says Muir.

In Greater Vancouver, the average price of a home was $1,063,494 in February, a 6.8 per cent increase from $995,583 a year ago.

Muir says Greater Vancouver’s market remains in sellers’ territory with a sales-to-active listings ratio of 26.6 per cent, compared to 30 per cent in February 2017.

“The detached market is more or less in balance, whereas when we get into the multi-family market — whether it be townhouses or apartments — they are firmly in sellers’ market territory,” says Muir.

“We see prices climbing at rates of 25 per cent to 30 per cent year-over-year growth in the apartment market in Metro Vancouver region,” he adds.

Last month, the Fraser Valley region saw the largest annual gain in price growth out of all regions recorded. The average price of a home was $761,446, a nearly 23 per cent increase from $619,792 in February 2017.

According to Muir, the region is in strong sellers’ territory with a sales-to-active listings ratio of roughly 41 per cent.

“Even in the face of some more tepid demand, we’re continuing to see prices rise as there simply isn’t enough product out there to satiate demand,” says the economist.

© 2017 BuzzBuzzHome Corp.

New Mortgage Qualification Rules Temper Housing Demand

Wednesday, March 14th, 2018

BCREA

The British Columbia Real Estate Association (BCREA) reports that a total of 6,206 residential unit sales were recorded by the Multiple Listing Service® (MLS®) across the province in February, a 5.7 per cent decrease from the same period last year. The average MLS® residential price in BC was $748,327, up 8.8 per cent from the previous year. Total sales dollar volume was $4.64 billion, a 2.6 per cent increase from February 2017.

“More stringent mortgage qualification rules for conventional borrowers are dampening housing demand in the province,” said Cameron Muir, BCREA Chief Economist. “Since the new rules came into effect, BC home sales have fallen more than 26 per cent, on a seasonally adjusted basis.”

Previous mortgage policy tightening has negatively impacted housing demand for a period of four to seven months, with the largest impact occurring in the third month after implementation.

Year-to-date, BC residential sales dollar volume was up 15.9 per cent to $8.47 billion, compared with the same period in 2017. Residential unit sales increased 4.1 per cent to 11,516 units, while the average MLS® residential price was up 11.3 per cent to $735,755.

Copyright ©2018 BCREA