The British Columbia provincial government recently passed regulations (Regulations) pursuant to the Strata Property Act (Act) that requires all strata properties with more than four units to have a common property depreciation report completed by December 13, 2013.

According to the Act, the depreciation report is to provide estimates for “the repair and replacement costs for major items in the strata corporation and the expected life of those items.” The strata corporation can then use that information to assist it in determining the appropriate amount for the annual contribution to its contingency reserve fund. A depreciation report is already a mandatory requirement for strata corporations in several other provinces and many US states.

Section 6.2 of the Regulations sets of the specific requirements for depreciation reports and examples of the ‘major items’ that must be evaluated therein. The depreciation report should be prepared by a qualified individual, typically an engineer or architect with proper liability and errors and omissions insurance coverage. In summary, a depreciation report must contain
• A physical inventory of the common property, including building systems;
• Anticipated maintenance, repair and replacement costs for common expenses projected over 30 years; and
• A financial forecasting section that contains at least three cash flow funding models for the contingency reserve fund.

The provincial government anticipates that depreciation reports will assist strata owners with the prudent management of their common property by providing information on repairs and replacements that will need to be funded, as well as determining the amount that should be contributed to the contingency reserve fund.

While depreciation reports are now mandatory under the law, the strata corporation may defer obtaining a depreciation report by passing a resolution with a ¾ majority vote of the strata owners authorizing such deferral. If such a resolution is passed, the deferral would be valid for a maximum of 18 months, and the resolution would then need to be re-passed in order to continue to defer the report. Once prepared, the depreciation report is valid for up to three years, after which it must be updated.

It is important to note that the law does not require that the funding requirements identified in the depreciation report be implemented. While the strata corporation remains in charge of determining the amount of contingency reserve fund contributions, the provincial government has now made it easier for a strata corporation to build up its reserve fund levels by elimination a barrier which in the past has prevents some strata corporations form meeting the maintenance and replacement requirements of their common property.

In the past, an annual ¾ majority vote was required to increase reserve fun contributions beyond 100 per cent of a strata corporation’s operating budget but that law has now been amended so that a strata corporation can now do so if the strata owners simply pass a majority vote to that effect.

The depreciation report can serve as valuable disclosure information for potential buyers. In fact, the Property Disclosure Statement for Strata Properties provides a specific inquiry regarding the possible existence of a depreciation report. Owners of strata properties can expect prospective buyers to inquire about the existence of a depreciation report and request its production if one has been prepared. Furthermore depreciation reports may be requested by mortgage providers as part of their financial risk assessment process.

A strata corporation that has organized its affairs to incorporate long-term planning and integrated maintenance in accordance with a depreciation report will likely be well positioned to maintain its building systems, protect its common property assets and reduce the costs to strata owners associated with unexpected failures of such systems or assets, and the potentially costly consequential damage. If a strata corporation defers the preparation of a depreciation report, it ma negatively affect the marketability of strata units as well as the ability of potential buyers to obtain mortgage funding or current owners to obtain refinancing.

For more information on depreciation reports, visit www.housing.gov.bc.ca/strata/regs

Article from the Bulletin, May 2012

Investors and developers planning to do business on reserve land will find it easier thanks to new provincial legislations. Bill 43, the First Nations Commercial and Industrial Development Act (FNCIDA) Implementation Act, introduced in the BC Legislature on May 3, 2012, will create certainty for business by enabling provincial laws and regulations to apply to major commercial, industrial and residential projects on First Nations lands.

Currently, provincial laws and regulations don’t apply to reserve lands. First Nations lands are under the jurisdiction of federal government and only the federal government has the authority to make laws for “Indians, and Lands reserved for the Indians,” as set out in the Constitution Act 1867, s 91(24) and under the Indian Act. One notable exception is the Tsawwassen First Nation (TFN). Its landmark 2008 Tsawwassen treaty with the federal and provincial governments gave the TFN self-governing powers similar to those of a municipality and land I fee simple, which it can lease.

Of the province’s 198 First Nations, 116 have expressly stated they want the same rights as the TFN by participating in the BC Treaty Commission’s treaty negotiation process. However, progress has been slow, often taking years. During this time, business opportunities are being lost – and their accompanying economic and social benefits including jobs and tax revenue.

Bill 43 holds the potential to speed and simplify business activity by creating a level regulatory playing field so that developments on reserve lands are subject to the same provincial regulations that apply to off reserve developments. This will lead to certainty for business, residents and neighbouring local governments. The impetus for the new legislation came from request from two First Nations involved in two projects.
•The Haisla Nation which has a proposed liquefied natural gas facility for its lands near Kitimat; and
•The Squamish Nation which has a proposed commercial and 600 unit, four tower residential development for its lands in West Vancouver

Bill 43 will operate at the request of First Nation and will also be project-specific. For example, a First Nation planning a mixed-use development alongside a stream can ask the federal and the provincial governments to produce project-specific regulations, which the province will have the authority to monitor and enforce.

Regulations could span everything from the building code to environmental issues to a land title system and a title assurance fund compatible with the BC land title system.

Bill 43 will work with two pieces of federal legislation:
•The First Nations Commercial and Industrial Development Act (FNCIDA) (2006), which facilitates commercial and industrial development on First Nations lands by allowing provincial regulations to be replicated and to apply on reserves; and
•The First Nations Certainty of Land Title Act (2010), which gives the federal government the authority to make regulations respecting commercial land title at the request of a First Nation where the First Nation has the support of a private sector partner and the provincial government.

Currently First Nations land interests are registered under the federal Indian Lands Registry System which contains three separate deeds-based systems:
•The Indian Land Registry System (ILRS), which includes documents related to and interest in reserve (and any surrendered) land administered under the Indian Act;
•The First Nations Land Registry System (FNLRS), which includes land records of First Nations operating under their own Land Code as set out in the First Nations Land Management Act (FNLMA); and
•The Self-Governing First Nations Land Register (SGFNLR), which includes First Nations self-government agreements and documents which grant an interest in self-governed First Nation lands.

None of these systems is as secure as the Torrens-based land registration system used in BC.
Bill 43 will work with the First Nations Certainty of Land Title Act (2010), to enable the provincial government to create, at the request of a Fist Nation, a land title system administered by the provincial Land Title and Survey Authority (LTSA) on behalf of the federal government.

The Squamish First Nation has made this request. A new land title system will be created for residents of the proposed Squamish project, who will be able to register leases with the provincial LTSA on behalf of the federal government.
The Squamish First Nation will also negotiate a range of service agreements, for example transportation, schools, water and sewer.  

Article from RealtorLink, May 18 2012, Volume 13, Number 10

There are things you can do to help sell your home faster. 

1. Check your curb appeal
Drive down your street and view the front of your home. Make sure the outside is as attractive as the inside. Weed, cut the grass, edge the beds and drive, trim the hedges and plant flowers. Next, paint or power-wash your siding to give it a fresh appearance.

2. Make a great first impression
When it comes to selling a house, a good first impression can actually mean more money, so make sure the entryway is impeccable. Sweep the porch, dust the door, wash the windows, vacuum the mats -- give potential buyers a warm welcome.

3. De-clutter
There should be no clutter. All miscellaneous items should be removed or stored on shelves in attractive baskets. In the kitchen, clear the refrigerator of pictures, drawings and magnets. In fact, remove everything personal -- family photos, keepsakes, tchotchkes. Leave surfaces empty, with maybe one dramatic decorative piece as an accent. Your home will appear more spacious and open, which are key selling benefits.

4. Clean and/or paint
Walls should be freshly painted or, at a minimum, the trim should be touched up and clean. Chipped and peeling paint, scratches and dings on the walls can give the impression the home is not well cared for.

5. If it's broke, fix it
Ensure it is all in working order, especially when it comes to faucets, fixtures and drawers -- anything that's easy for people to test.

6. Tidy behind closed doors
Clean and organize your cabinets, drawers and closets. Yes, people will open them, and they'll form an opinion.

7. Look at it through a visitor's eyes
Be prepared to do the work on your home before listing it. After that, a critical eye is your best tool. Walk through your home and check every room to make sure it's clean and uncluttered.

And, when it comes to an open house or private tours, step aside and allow your Realtor to show the home and answer any questions.

Excerpt from Real Estate Weekly

B.C. condo unit owners have yet to take a run at challenging the fairness of deductible downloading bylaws of strata corporations, although case law seems aligned for such an opportunity.

Krista Prockiw of Alexander Holburn Beaudin & Lang LLP mentioned this state of affairs while discussing insurance law issues arising out of British Columbia’s Strata Property Act. She was speaking on May 10 at the Insurance Brokers Association of B.C.’s annual convention in Kelowna, B.C.

First, Prockiw observed the provincial act does not limit the ability of a strata corporation to sue a condo owner to recover a deductible. Such an action can proceed if the strata corporation has a valid bylaw or rule in place allowing the damage to be charged to a unit owner.

Second, a strata corporation can sue a unit owner for the insurance deductible if “the owner is responsible for the loss or damage.”

Prockiw suggested this scenario is akin to strict liability, meaning a condo unit owner can be found “responsible” for damage without requiring a finding of negligence on the part of the owner.

Consider, for example, OSP KAS 1019 v. Keiran, Simkus and Wawanesa Insurance. The owner of a condo unit had a pipe burst in the bathroom wall because high acid levels in the water caused a coupling to break down. The court determined the owner had a duty to repair and maintain the unit, which was not common property, and, therefore, was “responsible for the loss, regardless of the absence of fault or negligence on their part.”

Finally, as Prockiw and brokers attending the seminar noted, policy deductibles for some strata corporations are substantial, running anywhere from $25,000 to $500,000.

“If you live in a strata corporation, you share everything in proportionate shares,” Prockiw said. “You share maintenance fees, you share liability, so this whole idea that one owner is responsible for the entire deductible could be seen as contrary to [the common expense philosophy],” she added.

“No one’s ever taken a run at it, but we are certainly waiting for the case in which you do have an exceedingly high deductible, a strict liability bylaw and no negligence on the part of an owner. The owner might then take a run at [the deductible download] being significantly unfair.”

Four years ago, a case commenced relating to the Strata Property Act’s provisions on “significantly unfair” deductible downloads, Prockiw reported. But the case settled before trial, meaning B.C. courts still have not been called upon to interpret the standard of fairness.

“The courts have held that ‘significantly unfair’ is a really high threshold to meet,” Prockiw said. “It might not be possible to meet that.”

May 11, 2012 canadianunderwriter.ca article, read online at http://www.canadianunderwriter.ca/news/opportunity-exists-for-b-c-condo-unit-owners-to-challenge-fairness-of-deductible-downloading-bylaws/1001253862/

FOR IMMEDIATE RELEASE - from the desk of AMALIA LIAPIS

The political elections in Europe went as expected, the parties who promised MORE won but it is doubtful they will be able to keep most of their promises as they are so far in debt that there is simply no more to give. Markets worldwide went down as the reality of the results sunk in, more instability & market volatility over the next few months. Hollande, the new President of France, is already making his presence felt & could put the Franco-German relationship under threat. The last socialist president of France, Mitterand, nationalized the Banks & imposed a wealth tax. Hollande has already stated he will introduce a 75% tax on the wealthy, so maybe the banks are next. The wealthy are usually the wealth makers so they will leave France like they have done previously & like they have done in other countries when overtaxed. I seem to remember the Beatles leaving England after they were given an award in the Queen’s Honors list for bringing in so much foreign money in from their records sales etc. Then the Government introduced a wealth tax that sent the Beatles & most other high earning entertainers overseas; some never to return.

Greece appears to be in total confusion with no clear winner & this could result in further decline of Greek prospects of recovery.  It was hopeless anyway.  Rating agencies are still closely looking at the sovereign & bank risks in Europe. I believe we should expect further downgrades in Spain, France & Greece.

So what about our Vancouver Real Estate market?! Well to begin with we are still awaiting the Finance Minister to introduce an incentive package for First Time Buyers of New Condos.  Developers screamed loud enough with the HST issue that this package looks like it might just become reality.  It is expected to get voted around June 2012 and is only available until March/April 2013.  This will help the new condo market.

I’ve been saying it for a couple of years now…Gastown is the favourite neighbourhood to live in…not a lot of product and what comes up for sale is usually gone quickly.  The downtown condo market will remain steady though out the summer with an emphasis on the entry level purchases. Westside homes continue to be active with steady activity in the $5million and up market.  Price and location will bring immediate results but the general market is still price sensitive...off by $10,000 or $20,000 and there will be little interest from Buyers.  It’s still a buyer’s market overall but have to say the available inventory is rather average.

As always I am available for any questions.

Home sale and listing activity has maintained a consistent pace on the Mul- tiple Listing Service® (MLS®) in Greater Vancouver in recent months, which has helped create balanced conditions for the region’s housing market.

The Real Estate Board of Greater Vancouver (REBGV) reports that residential property sales in Greater Vancouver reached 2,799 on the Multiple Listing Service® (MLS®) in April 2012. This represents a 13.2 per cent decline compared to the 3,225 sales recorded in April 2011 and a decline of 2.6 per cent compared to the 2,874 sales in March 2012.

April sales were the lowest total for the month in the region since 2001 and 16.9 per cent below the 10-year April sales average of 3,369.

“Although April sales were below what’s typical for the month, we continue to see, with a sales-to-active listing ra- tio of nearly 17 per cent, a balanced relationship between buyer demand and seller supply in our marketplace,” Eugen Klein, REBGV president said.

New listings for detached, attached and apartment properties in Greater Vancouver totalled 6,056 in April 2012. This represents a 3.6 per cent increase compared to both March 2012 when 5,843 homes were listed and April 2011 when 5,847 homes were listed for sale on the region’s MLS®.

Last month’s new listing total was 6.7 per cent above the 10-year average for listings in Greater Vancouver for April. At 16,538, the total number of homes listed for sale on the region’s MLS® increased 8.5 per cent in April compared to last month and increased 16 per cent from this time last year.

“Recent activity has had a stabilizing effect on home prices at the regional level, although pricing can vary depend- ing on area and property type,” Klein said “To best understand conditions within your area of interest, it’s important to do your homework and consult a local REALTOR®.”

The MLS® HPI benchmark price for all residential properties in Greater Vancouver currently sits at $683,800, up

3.7 per cent compared to April 2011 and an increase of 2.8 per cent over the last three months. The benchmark price for all residential properties in the Lower Mainland is $612,000, which is a 3.4 per cent increase compared to April 2011 and a 2.6 per cent increase compared to three months ago.

Sales of detached properties on the MLS® in April 2012 reached 1,126, a decline of 19.7 per cent from the 1,402 detached sales recorded in April 2011, and a 17.8 per cent decrease from the 1,370 units sold in April 2010. The benchmark price for detached properties increased 6.3 per cent from April 2011 to $1,064,800.

Sales of apartment properties reached 1,190 in April 2012, a decline of 0.9 per cent compared to the 1,201 sales in April 2011, and a decrease of 22 per cent compared to the 1,526 sales in April 2010.The benchmark price of an apart- ment property increased 1.1 per cent from April 2011 to $375,900.

Townhome property sales in April 2012 totalled 483, a decline of 22.3 per cent compared to the 622 sales in April 2011, and a 21.6 per cent decrease from the 616 townhome properties sold in April 2010. The benchmark price of a townhome unit increased 1.7 per cent between April 2011 and 2012 to $487,300.

 Excerpt from realtylink, 2012

LOCATION
Choosing where you live

1. Green neigbourhoods
Buy a home in a neighbourhood close to work, transit, shopping, community centres and other services

2. Transit-orientated density (TOD)
New, compact, complete green neighbourhoods are being built with transit as their focus. Instead of owning a car, join a car share cooperative, take transit, cycle or walk.

3. Lower Cost Luxury
If it's features such as a gym, or pool you want, buy a strata unit with these amenities and share costs.

4. Score your location
Walkable neighbourhoods offer health, environmental, financial and community benefits. Enter your address or the address of a home you want to buy at www.walkscore.com. This tool calculates a walkability soce based on the home's proximity to transit, grocery stores, schools and other amenities.

HOME IMPROVEMENT 
Heating and Cooling 

5. Get an energy audit
LiveSmart BC will cover $150 of the cost.

6. Install a high-efficiency heating system
Make sure it's ENERGY STAR rated. 

7. Weatherize your home
From windows (BC Hydro provides grants of $60-$120) to doors to insulation and weather stripping. Don't forget to seal your ducts.

8. Insulate your pipes
It will prevent costly heat loss. Here's how. 

9. Insulate your hot water heater
Buy a pre-cut jacket or blanket for $10-$20. You'll save up to 10% on heating costs.

10. Install a programmable termostat
Set it lower at night and during the day when you're away. Lower the temperature. Each degree below 20C saves you 3-5% on heating costs.

11. Clean your furnace filter
This optimizes performance.

12. Get the most from your fireplace
Here's how to make it efficient. 

13. Use curtains
In the daytime during summer, close to help cool your home.

14. Install ceiling fans 
The energy it takes to run a fan is less than an air conditioner. In summer, make sure the fan's blades are rotating anti-clockwise for a cooling effect. In winter, the fan should be running clockwise, pushing the warm air down.

15. Use an electric fan
Skip the air conditioning. On hot summer days, place a bowl of ice in front of a fan to cool down.

WATER

16. Fix leaks. Fix leaking taps
One drop per second equals to 7,000 litres of water wasted per year.

17. Instal a filter
Stop buying costly bottled water which adds to the landfill.

LIGHTING

18. Change your light bulbs
Lighting accounts for 15% of your energy bill. Replace old bulbs with ENERGY STAR rated bulbs. Check for rebates. 

19. Sensor lights
Turn lights off outside when not in use.

20. Keep it dark
Light pollution is an increasing problem. Turn off outdoor lights to save energy and encourage night life such as bats and frogs. A single bat can eat tens and thousands of mosquitoes nightly. If you have safety concerns, use motion detector lights - which come on, only as needed.

21. Holiday lights
Use LED lights. 

KITCHEN

22. Replace your fridge
An old energy guzzling fridge costs you about $85 a year to operate. Replace it with an ENERGY STAR Fridge, BC Hydro will rebate you $50. BC Hydro will also not only come and pick up your old fridge for free-of charge, they'll rebate you $30. 

23. Replace your dishwasher
Buy an ENERGY STAR appliance. BC Hydro will rebate you $25. 

24. Replace your freezer
Buy an ENERGY STAR appliance and BC Hydro will rebate you $25. 

BATHROOM

25. Low flow shower
Hot water accounts for 25% of your energy costs. For a $15 investment you can save half the water of a standard shower say experts. 

26. High efficiency or dual flush (you choose the amount of water used) toilets
These are now required in new homes because of water savings. 

OFFICE

27. Use smart strips
Also know as power bars, this lets you power off all equipment at the same time.

28. Buy energy smart electronics
There are rebates available. 

29. Recycle your old electronics
Here's how.

YARD IMPROVEMENT

30. Conserve Water
Fresh water comprises just 3% the world's total water supply, so conserve. Get a rain barrel and harvest water you can use in your garden. Local governments such as Vancouver and Richmond will subsidize the cost. 

31. Drip irrigation
It saves water compared to sprinklers.

32. Elbow grease
Don't power wash your driveway. Sweep it or use a scrub brush and pail.

33. Less lawn
Lawns waste water. Instead conserve and beautify using indigenous plants such as ferns, tiger lillies and hostas.

34. Grow your own
How much more will you spend on food this year. Even a few miniature fruit trees and a small vegetable garden in a raised bed or in containers will help keep you healthey and save you dollars. Lettuce, spinach, tomatoes, cucumbers, strawberries and blueberries thrive in our climate. Here's how.

35. Presever your produce
Invest in home canning jars and equipment and a small freezer and enjoy your produce year round - at considerable savings. Here's how. 

36. Bee friendly
We need bees to polinate, so get a few plant bee friendly annuals such as asters, marigolds, sunflowers, zinnias; or perennials such a clematis, foxgloves, hollyhocks, roses or shrubs such as Buddleia.

37. Go chemical-free
"Get rid of weeds without using chemicals that harm us and our pets," advises REALTOR and Rechmond City counselor, Derek Dang, who led the way to a bylaw banning cosmetic pesticides. His suggestion, "Use dish detergent or weed by hand."

38. Plant fruit trees
They'll give you shade and fruit. Plum, apple, pear and more. 

39. Compost
It will make your garden grow and divert waste from the landfill. 

GREEN AND CLEAN

40. Clean freen
Vinegar, baking soda and lemons clean as well as expensive, chemical filled cleaning supplies for a fraction of the cost.

41. Green Laundry detergent
Use phosphate-free, biodegradable detergent.

42. Upgrade your washing machine
Replace your old washing machine with an ENERGY STAR washer that gets clothes clean using cold water and BC Hydro will rebate you $75. Wait until you have a full load instead of washing clothes as you need them. Clean your lint trap after every use.

43. Install a clothesline
Dryers use a huge amount of energy. 

44. Get a rack
If your neighbourhood or strata prohibits clotheslines, buy a small drying rack.

LIVING GREEN

45. Recycle

46. Buy local
your food doesn't travel long distances, you support local farmers and the local economy and you consume less pesticides.

47. Don't use paper or plastic
Use cloth bags when you shop or reuse your plastic bags.

FINANCING

48. Borrow green
Most financial institutions offer "green" mortgages, including:
• BMO Eco Smart Mortgage offers home buyers a 3.89% rate on qualifying green properties.
• RBC Energy Saver Mortgage gives home buyers a $300 rebate for a home energy audit and five-year 4.34% rate.
• TD Canada Trust offers a Green Mortgage and Green Home Equity line of credit - for each green mortgage TD donates $100 to the TD Friends of the Environment Foundation.
• Vancity offers a Bright Ideas home renovation loan - at prime +1% to home buyers and owners making green renovations.
• The City of Vancouver with Vancity offers a home energy loan program for home buyers and owners makeng energy efficient upgrades and 4.5% fixed rate over 10 years. The loan program is a 12 month pilot project with a goal of 500 homes participating. It will wrap up October 21, 2012. For more information attend a loan info workshop or call 604-374-0507.
• CMHC offers a 10% Mortgage Loan Premium refund a possible extended amortization for buyers purchasing and energy-efficient mortgage or making energy saving rennovations.

RESOURCES

49. Green Tool Kit
BC Real Estate Association's Green Tool Kit provides information, references and links. It also provides comprehensive information of rebates and incentives.

COMING SOON

50. Loan programs
Pay-as-you-Save (PAYS) loan program will help home owners and businessed finance energy efficiency improvements through a loan from BC Hydro or FortisBC. Expected to launch in 2012. 

February 6, 2012, Real Estate Board of Greater Vancouver Article