Archive for January, 2019

BC homeowners given deadline to apply for speculation tax exemption

Sunday, January 20th, 2019

Failure to submit your tax exemption form will result in huge tax increases

Duffie Osental
REP

British Columbia’s Ministry of Finance gave a deadline for homeowners to apply for exemption from the province’s speculation and vacancy tax.

Seen as a way to address the overheated housing market in BC’s large metropolitan areas, the speculation and vacancy tax looks to turn unused properties into rentals.  According to CBC News, homeowners who live in their properties are exempt from paying the tax, but must complete an exemption form by 31 March otherwise they’ll automatically pay by default.  Notices will be sent to homeowners in the Lower Mainland, Greater Victoria, Kelowna, and Nanaimo in the coming weeks.

CBC News said that B.C.’s Ministry of Finance expects that more than 99% of British Columbians will be exempt. This means that, of the 1.6 million households that will receive the letter, only about 32,000 homes will be taxed.

According to CBC News, the tax rate is 0.5% of the property’s assessed value for all properties subject to the tax in 2018. For 2019 and subsequent years, the tax rate is 2% for foreign owners and satellite families, and 0.5% for Canadian citizens or permanent residents of Canada who are not members of a satellite family. Satellite families are those families where the majority of the combined income is earned outside of Canada.

Copyright © 2019 Key Media Pty Ltd

Canada lost 13,000 jobs last month says ADP

Friday, January 18th, 2019

December 2018 say 13,000 jobs gone in Canada

Steve Randall
REP

There was a reduction of 13,000 jobs in Canada in December 2018 according to the latest report from ADP Research Institute.

The decline was led by a loss of 7,700 jobs in trade/transport and utilities; 6,900 in construction; and 3,500in ‘other services’ which includes public administration.

Finance and real estate employment fell by 2,600.

However, the weak end to 2018 belies what was a solid year for employment growth and the November’s increase was revised upwards from 39,100 to 74,000.

“Despite a dip in job growth in December, overall gains for 2018 were strong,” said Ahu Yildirmaz, vice president and co-head of the ADP Research Institute. “Of the more than 340,000 jobs added this year, education and healthcare, professional services and leisure and hospitality were significant drivers of growth.”

The industries posting gains in December were led by manufacturing (up 4,700), administrative and support (up 3,700), and education and healthcare (up 3,000).

The ADP Canada National Employment Report is produced by the ADP Research Institute and derived from actual ADP payroll data. It measures the change in total nonfarm payroll employment each month on a seasonally-adjusted basis.

Copyright © 2019 Key Media Pty Ltd

More rate cuts expected following RBC move

Friday, January 18th, 2019

Canada?s largest banks to cut 5-year mortgage rate

Steve Randall
REP

Canada’s largest bank may have sparked a rate war by offering customers a “special offer” 5-year mortgage rate of 3.74%.

The reduction of 15 basis points is likely to be met with similar deals from other major lenders; many alternative lenders have already reduced rates but the Big 5 have been holding back.

“Banks could’ve cut fixed rates weeks ago. The reason they held out is because they can,” RateSpy.ca founder Rob McLister told CBC News.

With bond yields falling following the BoC’s dovish tone on interest rate rises, mortgage rates have been expected to fall and some lenders are already offering rates as low as 3.29% for a 5-year FRM.

The RBC cut is notable as it’s the bank’s first cut since 2017. It’s also notable for its minimal size, which will likely have a corresponding impact on the market – unless further cuts follow.

“RBC is the largest mortgage lender in Canada, so whenever they move their mortgage rates we can expect that the other four banks will follow suit,” James Laird, president of CanWise Financial told RateHub.ca. “We anticipate that the other big banks will soon have a publicly posted rate of 3.74% as well.”

RateHub.ca calculates that with a $400,000 mortgage a typical homeowner would save $32 a month on their $2,080 monthly payment.

Copyright © 2019 Key Media Pty Ltd

Vacancy Tax Explained

Friday, January 18th, 2019

City of Vancouver – Vacancy Tax Office.

other

With regards to your inquiry, the definition of the “principal residence” per the Vacancy Tax Bylaw No. 11674 is as follow:

 

“principal residence” means the usual place where an individual lives, makes his or her home and conducts his or her daily affairs, including, without limitation, paying bills and receiving mail, and is generally the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver’s licenses, personal identification, vehicle registration and utility bills and, for the purposes of this by-law, a person may only have one principal residence;

 

Also, Section 4.7 and 4.8 of the bylaw;

 

  • 4.7 The Collector of Taxes may require a registered owner to provide information at any time and for a period of up to two years after the applicable vacancy reference period ………
  • 4.8 The Collector of Taxes may require a registered owner to submit evidence to verify a property status declaration and the status of the property.

 

For your reference, you can also find a copy of the Vacancy Tax By-Law No.11674, here: https://bylaws.vancouver.ca/11674c.PDF

 

 

Most properties will not be subject to the Empty Homes Tax / Vacancy Tax, including those:

  • Used as a principal residence by the owner, his/her family member or friend, or other permitted occupier for at least six months of the current year
  • Rented for residential purposes for at least six months of the current year, in periods of 30 or more consecutive days
  • Meeting the criteria for one of the exemptions

 

You can learn more about the Vacancy Tax at the Vancouver.ca/eht or by following this link.

 

A reminder, pursuant to the Vacancy Tax Bylaw No. 11674 – every owner of class 1 residential property in the City of Vancouver must make a Property Status Declaration every year. The declaration period for 2018 Property Status Declaration is now open. The 2018 Empty Homes Tax property status declaration period will open until February 4, 2019. Failure to declare by February 4, 2019, will result in your property being deemed vacant and subject to a tax of 1% of its assessed taxable value.

 

During the declaration period, you can make your Property Status Declaration through one of the following options:

  • Online – at the City’s website vancouver.ca  – with your folio number and access code you can make your declaration from anywhere, anytime with internet connection
  • By calling 3-1-1 within the City of Vancouver or 604-873-7000 (from outside the city) – our staff at the calling centre are available from 7:00am to 10:00pm 7-days a week including holidays
  • At the City Hall – during business hours
  • At your local Vancouver Public Library – during library’s hours, please have your folio number and access code available

Metro Vancouver residential price decline will bottom in 2019, then reverse: forecasters

Friday, January 18th, 2019

Panel of developers predict housing trends for coming year with cautious optimism; one says single-family price correction was “necessary”

Joannah Connolly
Western Investor

Home prices in Metro Vancouver may slide further in 2019 but then will recover as demand continues and supply remains constrained, according to a panel of developers at a 2019 forecast event.

Speaking at the Urban Development Institute’s annual Forecast Luncheon on January 17, Neil Chrystal, president and CEO of Polygon Homes, said, “This year, the single-family home market will remain slow, and experience further price corrections…. In order for prices in the multi-family market to stabilize, we must first find the bottom of the single-family market, and I believe this will happen in 2019. 2019 will be the year of a reset in the multi-family sector. Developers will have to offer new homes at reset prices.”

Chrystal added, “I honestly believe this is a good thing. If any market was overshot it was the high-end single-family sector, and these price adjustments are long overdue, and quite frankly necessary, before the market can move forward again. But I think we’re near the bottom, because people will need to get on with their lives.”

Eric Carlson, founder and CEO of Anthem Properties, said, “Many are eager for the [home price] bubble to burst. But there is no bubble. This is just a slight adjustment. More expensive single-family homes will adjust more, and as you move towards the middle and lower end, prices will also adjust a little, stop, and then reverse. I expect these price declines to dissipate over the next year, even reverse by the end of the year, and here’s why. Once the market adjusts to whatever foreign buyers and [those affected by the speculation tax] leave it because of the taxes, new investor demand will take its place and prices will grow from there.”

Carlson agreed with Chrystal that a market slowdown can only last so long. “There’s still a push on the market. We still have these 15 to 20,000 new households forming every year, no matter what – and they need housing. And people can temporarily stay in their parents’ basement suites or double up, but at some point they’ll stop waiting and buy, and I think that ‘some point’ is some months away. And that’s happening no matter what’s going on in Shaughnessy or the British Properties.”

Carslon said that he also expected average rents to continue to rise by well above the rate of inflation, despite new rent control measures that tie rental price increases to inflation on occupied units.

Todd Yuen, president of industrial at Beedie Development Group, pointed to the influx of many thousands of new workers from companies such as Amazon as having an effect on demand in the housing market (known as the “Amazon effect”). He cited an anonymous source close to Amazon’s deal to occupy the former Canada Post building in downtown Vancouver, who told Yuen that with Amazon’s employees earning around US80K-$120 a year (CAD $106-$160K), the company was not concerned about finding housing for those workers.

“We’re expecting Amazon to bring in about 5,300 employees [to the Canada Post building]… Amazon’s workers want to be in a world-class city like Vancouver. There was no concern about availability of homes or pricing… Most of all, [Amazon values] Vancouver’s post-secondary education [as a source of new employees]. So they want to be here, and they’ll figure out the rest later.”

In response to moderator Jon Stovell’s question of whether such companies are “just going to stare down the housing market,” Yuen noted Microsoft’s recent announcement that the company is spending $500 million in Seattle on affordable housing, for its own workers and for the homeless, as an example of a possible solution.

Copyright © Western Investor

More condo project cancellations may be on the way in Vancouver this year, developer warns

Friday, January 18th, 2019

Polygon Homes CEO warning homebuyers that proposed condo projects may be cancelled

Josh Sherman
other

The president and CEO of a major developer is warning homebuyers that more proposed condo projects may be cancelled as inexperienced builders struggle in a cooler market that is still finding bottom.

 “Last year, we also saw a few smaller projects get into trouble where they were either cancelled, or, in one situation, buyers were asked to pay additional money to ensure completion of their project,” says Neil Chrystal, the top executive at Polygon Homes, at the Urban Development Institute’s recent 2019 forecast event.

“We may see more of this in 2019, as many inexperienced homebuilders struggle to find suitable financing and are faced with significantly higher construction costs,” he continues.

As a result of falling revenues and higher municipal fees, one Vancouver development was cancelled during the approvals process in the past year, according to industry researcher Urban Analytics. Two other projects were pulled from the market but may relaunch.

Bottom of Form

“They haven’t necessarily been cancelled; rather the developers pulled them off the market and are re-evaluating the product and may make some changes prior to bringing them back on the market,” explains Michael Ferreira, managing principal of Urban Analytics, in an email. “So they may modify the unit mix and pricing,” he adds.

Polygon’s Chrystal has some advice for anyone who wants to buy a home in Vancouver this year at a time when condo projects aren’t guaranteed to move forward. He suggests sticking to developments from experienced builders with successful track records.

Despite — or perhaps, because of — the challenges some developers may face, Chrystal suggests 2019 is a good time to purchase a home in Vancouver.

After all, in order to receive financing to actually build a project, developers need to sell a certain number of units before breaking ground. “Builders are introducing incentives and are releasing product at prices well off the peaks of 2018,” says Chrystal.

And despite mortgage rates climbing in the past year, they are still historically low — for now. The Bank of Canada has made it clear that it intends to raise the overnight rate, which influences the lending market, though Chrystal doesn’t anticipate that will happen this year, despite some predictions to the contrary.

Chrystal also highlights job growth and low unemployment in the region. “It is very rare for a housing market to remain depressed when the local economy is doing so well,” he says, suggesting these builder incentives and price reductions won’t last long.

© 2019 BuzzBuzzHome Corp

Vacancy Tax explanation from city of Vancouver

Thursday, January 17th, 2019

Will your home be taxed?

other

Each year, every owner of residential property will have to make a property status declaration. This will determine if the property is subject to the Empty Homes Tax, also known as the Vacancy Tax.

The Province of BC’s Speculation and Vacancy Tax  is in addition to the City’s Empty Homes Tax. If you own residential property in Vancouver, you may have to pay both taxes

Properties not subject to the tax

Most properties will not be subject to the Empty Homes Tax, including those:

  • Used as a principal residence by the owner, his/her family member or friend, or other permitted occupier for at least six months of the 2018 tax year
  • Rented for residential purposes for at least six months of the current year, in periods of 30 or more consecutive days
  • Meeting the criteria for one of the exemptions 

See if the tax applies to you

Exemptions and scenarios that may apply to you

This content is for informational purposes only. It is not intended as advice or a determination of whether your property will be subject to the Empty Homes Tax

If there is any discrepancy between the information provided here and the provisions of the Vacancy Tax Bylaw  (183 KB), the latter will prevail.  These changes are in effect for the 2018 reference period (January 1 to December 31, 2018.)

Exemptions:

You will not be subject to the tax if you can meet one of the exemptions listed below.

If you claim one of the following exemptions, you must be able to provide evidence that validates your declaration if asked.

Clarifications to the Vacancy Tax bylaw were made on September 18, 2018. These changes are in effect for the 2018 reference period (January 1 to December 31, 2018).

Evidence documentation is not required at the time of declaration and will only be requested if the property is selected for audit.

Exemption types

Occupancy for full-time employment

Exemption details

Examples of acceptable evidence

Your principal residence was outside of Greater Vancouver, but you occupied your property for residential purposes for at least six months because you were employed full-time in Greater Vancouver. The nature of the employment must require physical presence in Greater Vancouver.

Greater Vancouver as defined in the Vacancy Tax Bylaw (183 KB) refers to:

  • Village of Anmore
  • Village of Belcarra
  • City of Burnaby
  • City of Coquitlam
  • City of Delta
  • City of Langley
  • Township of Langley
  • Village of Lion’s Bay
  • City of Maple Ridge
  • City of New Westminster
  • City of North Vancouver
  • District of North Vancouver
  • City of Pitt Meadows
  • City of Port Coquitlam
  • City of Port Moody
  • City of Richmond
  • City of Surrey
  • Tsawwassen First Nation
  • City of Vancouver
  • District of West Vancouver
  • City of White Rock
  • University Endowment Lands
  • University of British Columbia

This exemption does not apply to properties that are being used solely as office space.

  • Address of your principal residence
  • Contact information for Greater Vancouver employer
  • Letter from Vancouver employer confirming full time employment status and required physical presence for purposes of work
Owner in care

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because you or your tenant was residing in a hospital, long term, or supportive care facility and had previously been using the property as a principal residence or occupying it for residential purposes as a tenant.

This exemption does not apply to second homes that are used occasionally to receive medical care in Vancouver.

All occupants must be residing in a care facility for the exemption to apply.

 This exemption is not allowed for more than two consecutive tax years.

  • Contact information for care facility
  • Letter from care facility confirming you or your tenant is undergoing medical/ supportive care
Estate of deceased

Exemption details

Examples of acceptable evidence

The property was unoccupied for more than six months because the last registered owner is deceased and a grant of probate or administration of the estate was pending.

This exemption does not apply if a grant of administration or probate was issued by a date that would have allowed the property to have been occupied for six months of the calendar year. The property will otherwise be subject to the tax unless it was used as a principal residence or rented to a tenant or subtenant for at least six months.

Death certificate of registered owner

Transfer of property

Exemption details

Examples of acceptable evidence

Legal ownership was transferred during the reference period (the property was sold) and a new Land Title Number was issued.

The use of “transfer” is based on the definition of “transfer” in the Land Title Act, being a conveyance, a grant, and an assignment.

This exemption does not apply to properties that were issued a new Land Title Number solely because of a name or address change.

Title search or certificate of title showing the date that title was transferred

Undergoing redevelopment or major renovations

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because:

  • The property was undergoing redevelopment or major renovations where permits:
    • had been issued and were being carried out diligently and without delay, or
    • were under review for redevelopment of vacant land or the conservation of heritage property.
  • Or, the property is vacant and part of a phased development which has:
    • A rezoning application under review
    • Approved rezoning with permits under review
    • Approved rezoning where construction has commenced
  • Short description of renovation/ redevelopment project
  • Building or development permit number
Strata rental restriction

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because it was subject to a strata rental bylaw as of November 16, 2016:

  • that prohibited rentals or restricted the number of units that may be rented, and
  • the maximum allowable number of rentals had already been reached.

This exemption does not apply to properties where the number of permitted strata rentals decreased on or after November 16, 2016.

  • Copy of strata bylaws
  • Letter from strata council confirming the maximum number of units have been rented
  • Copy of waitlist confirming owner attempted to rent the property
Court order

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because the property was under one of the following:

  • A court order
  • Court proceedings
  • An order of a governmental authority prohibiting occupancy

Actions to permit occupancy were carried out diligently and without delay, in accordance with any timelines in the order.

This exemption applies to owners who were prohibited from selling, occupying, or renting their property.

This exemption does not apply to properties that are uninhabitable due to inaction by the owner.

  • Copy of the court order
  • In cases where an order or a governmental authority prohibits occupancy, the owner must be able to show that they have acted diligently to meet the requirements of the order
Limited use residential property

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because the use of the property was limited to one of the following:

  • Vehicle parking
  • A result of the size, shape, or other inherent limitation of the parcel, a residential building could not be constructed
 

 

© 2019 City of Vancouver

Vacancy Tax explanation from city of Vancouver

Thursday, January 17th, 2019

Will your home be taxed?

other

Each year, every owner of residential property will have to make a property status declaration. This will determine if the property is subject to the Empty Homes Tax, also known as the Vacancy Tax.

The Province of BC’s Speculation and Vacancy Tax  is in addition to the City’s Empty Homes Tax. If you own residential property in Vancouver, you may have to pay both taxes

Properties not subject to the tax

Most properties will not be subject to the Empty Homes Tax, including those:

  • Used as a principal residence by the owner, his/her family member or friend, or other permitted occupier for at least six months of the 2018 tax year
  • Rented for residential purposes for at least six months of the current year, in periods of 30 or more consecutive days
  • Meeting the criteria for one of the exemptions 

See if the tax applies to you

Exemptions and scenarios that may apply to you

This content is for informational purposes only. It is not intended as advice or a determination of whether your property will be subject to the Empty Homes Tax

If there is any discrepancy between the information provided here and the provisions of the Vacancy Tax Bylaw  (183 KB), the latter will prevail.  These changes are in effect for the 2018 reference period (January 1 to December 31, 2018.)

Exemptions:

You will not be subject to the tax if you can meet one of the exemptions listed below.

If you claim one of the following exemptions, you must be able to provide evidence that validates your declaration if asked.

Clarifications to the Vacancy Tax bylaw were made on September 18, 2018. These changes are in effect for the 2018 reference period (January 1 to December 31, 2018).

Evidence documentation is not required at the time of declaration and will only be requested if the property is selected for audit.

Exemption types

Occupancy for full-time employment

Exemption details

Examples of acceptable evidence

Your principal residence was outside of Greater Vancouver, but you occupied your property for residential purposes for at least six months because you were employed full-time in Greater Vancouver. The nature of the employment must require physical presence in Greater Vancouver.

Greater Vancouver as defined in the Vacancy Tax Bylaw (183 KB) refers to:

  • Village of Anmore
  • Village of Belcarra
  • City of Burnaby
  • City of Coquitlam
  • City of Delta
  • City of Langley
  • Township of Langley
  • Village of Lion’s Bay
  • City of Maple Ridge
  • City of New Westminster
  • City of North Vancouver
  • District of North Vancouver
  • City of Pitt Meadows
  • City of Port Coquitlam
  • City of Port Moody
  • City of Richmond
  • City of Surrey
  • Tsawwassen First Nation
  • City of Vancouver
  • District of West Vancouver
  • City of White Rock
  • University Endowment Lands
  • University of British Columbia

This exemption does not apply to properties that are being used solely as office space.

  • Address of your principal residence
  • Contact information for Greater Vancouver employer
  • Letter from Vancouver employer confirming full time employment status and required physical presence for purposes of work
Owner in care

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because you or your tenant was residing in a hospital, long term, or supportive care facility and had previously been using the property as a principal residence or occupying it for residential purposes as a tenant.

This exemption does not apply to second homes that are used occasionally to receive medical care in Vancouver.

All occupants must be residing in a care facility for the exemption to apply.

 This exemption is not allowed for more than two consecutive tax years.

  • Contact information for care facility
  • Letter from care facility confirming you or your tenant is undergoing medical/ supportive care
Estate of deceased

Exemption details

Examples of acceptable evidence

The property was unoccupied for more than six months because the last registered owner is deceased and a grant of probate or administration of the estate was pending.

This exemption does not apply if a grant of administration or probate was issued by a date that would have allowed the property to have been occupied for six months of the calendar year. The property will otherwise be subject to the tax unless it was used as a principal residence or rented to a tenant or subtenant for at least six months.

Death certificate of registered owner

Transfer of property

Exemption details

Examples of acceptable evidence

Legal ownership was transferred during the reference period (the property was sold) and a new Land Title Number was issued.

The use of “transfer” is based on the definition of “transfer” in the Land Title Act, being a conveyance, a grant, and an assignment.

This exemption does not apply to properties that were issued a new Land Title Number solely because of a name or address change.

Title search or certificate of title showing the date that title was transferred

Undergoing redevelopment or major renovations

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because:

  • The property was undergoing redevelopment or major renovations where permits:
    • had been issued and were being carried out diligently and without delay, or
    • were under review for redevelopment of vacant land or the conservation of heritage property.
  • Or, the property is vacant and part of a phased development which has:
    • A rezoning application under review
    • Approved rezoning with permits under review
    • Approved rezoning where construction has commenced
  • Short description of renovation/ redevelopment project
  • Building or development permit number
Strata rental restriction

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because it was subject to a strata rental bylaw as of November 16, 2016:

  • that prohibited rentals or restricted the number of units that may be rented, and
  • the maximum allowable number of rentals had already been reached.

This exemption does not apply to properties where the number of permitted strata rentals decreased on or after November 16, 2016.

  • Copy of strata bylaws
  • Letter from strata council confirming the maximum number of units have been rented
  • Copy of waitlist confirming owner attempted to rent the property
Court order

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because the property was under one of the following:

  • A court order
  • Court proceedings
  • An order of a governmental authority prohibiting occupancy

Actions to permit occupancy were carried out diligently and without delay, in accordance with any timelines in the order.

This exemption applies to owners who were prohibited from selling, occupying, or renting their property.

This exemption does not apply to properties that are uninhabitable due to inaction by the owner.

  • Copy of the court order
  • In cases where an order or a governmental authority prohibits occupancy, the owner must be able to show that they have acted diligently to meet the requirements of the order
Limited use residential property

Exemption details

Examples of acceptable evidence

Your property was unoccupied for more than six months because the use of the property was limited to one of the following:

  • Vehicle parking
  • A result of the size, shape, or other inherent limitation of the parcel, a residential building could not be constructed
 

 

© 2019 City of Vancouver

RBC cuts 5-year fixed mortgage rate

Thursday, January 17th, 2019

Five year fixed rate dropped by 15 basis points

Canadian Real Estate Wealth

Royal Bank of Canada has lowered its posted five-year fixed rate by 15 basis points from 3.89 per cent to 3.74 per cent.

Mortgage rate comparison website founder Robert McLister says RBC is the first of the Big Six banks to cut its advertised five-year fixed rate after a fall in five-year bond yields.

McLister adds that he expects other big banks to follow suit in the coming days.

When asked what prompted the rate drop, an RBC spokesperson said a number of factors have impacted the Toronto-based bank’s cost of funds.

RBC says that includes the rate the bank pays in the wholesale market, increasing regulatory costs and market volatility.

McLister says now that market volatility has subsided, the bank’s competitors have started undercutting big banks which puts pressure on them to act.

Copyright © 2019 Key Media Pty Ltd

Condo Smarts: Unit-entitlement errors not uncommon

Thursday, January 17th, 2019

Unit-entitlement errors not uncommon

Tony Gioventu
The Province

Dear Tony:

We live in a large strata corporation with 300 units in multiple buildings. Our strata lots on the strata plan are numbered one to 300 and the unit entitlement is based on the measured areas shown on the plan.

A new owner approached council in December and complained that her unit entitlement was incorrect and she was being overcharged by 12 per cent for her strata fees. Our property manager advised the strata corporation it has no choice but to apply the schedule of unit entitlement registered in the Land Title Registry.

She has responded and advised she believes the schedule the strata corporation and management companies have been using are mixed up because a duplicate unit in the next building has a 12-per-cent lower unit entitlement.

If the same units have different unit entitlements, can we approach the Land Title office and have this corrected?

Paul Renfrew

Dear Paul: 

If there is a correction to the schedule of unit entitlement, the voting rights or the schedule of interest on destruction, that will require a unanimous vote by the owners at a general meeting.

A unanimous resolution is a vote by all the votes of all the eligible voters to vote in favour of the changes. Yes, that would be 300-300 are required to vote in favour.

There is a provision in the act that permits a strata corporation to make a court application to ratify a unanimous vote of five per cent of the owners or less who did not vote in favour of the resolution. It will be difficult to obtain the votes you require for over 300 units as anyone who does not respond or attend the meeting in person or by proxy to vote will automatically be counted as a vote against. However, large strata corporations with proper legal advice and communications have accomplished unanimous votes.

For your strata plan and schedule of units, the owner has a valid complaint. I cross-referenced the schedule your strata corporation has been using since 2002, and she is correct. Someone in the past has mixed up the strata lots and the unit numbers. Owners have been identified by unit number and not strata-lot number connected to their address, and 17 units have been incorrectly mixed up.

It is easy to understand how this occurred because the units are not consecutive building by building. That appears to be the root of the problem. My recommendation is to immediately correct the strata plan unit entitlement for this fiscal year as it relates to each strata lot and unit number and talk to your lawyer about the possible consequences and remedies.

Errors in unit entitlement occur frequently. New owners, changing strata councils, new property managers and property-management companies often expose errors that have been historic. 

No one gets to make up the unit entitlement or change the calculations through a bylaw amendment or decision of council. You must use the schedule of unit entitlement or any amendments filed in the Land Title Registry.   

© 2019 Postmedia Network Inc