Strata Management Licensing Course Manual

Table of Contents

UBC Real Estate Division. 2021. Strata Management Licensing Course Manual. Vancouver, BC: UBC Real Estate Division.

Preface: Introduction to Strata Management
Course Overview
Strata Titles or Condominiums
Managing the Condominium Complex

Chapter 1: Fundamentals of Law
The Sources of Our Laws
Categories Within Our Legal System
Real Property Law
The Judicial System in Practice: The British Columbia Court System
Enforcing a Judgment

Chapter 2: The Real Estate Services Act
Requirements for Licensing
Unlicensed Assistants
Importance of Agency Law in Providing Real Estate Services
The Licensing Body – The Real Estate Council
The Office of the Superintendent of Real Estate
Real Estate Foundation, Errors and Omissions Insurance Corporation, and Compensation Fund Corporation
Other Real Estate Related Organizations
Licensing System
Strata Management Procedures Under the Real Estate Services Act
A Closer Look at the Rules
Discipline and Enforcement
The Real Estate Development Marketing Act

Chapter 3: Professionalism and Ethics
Professions, Professionals, and Professionalism
Ethics
The Regulation of a Profession
Regulating in the Public Interest
Trust
How Honesty and Integrity Relates to Trust
Duties to Clients
Duties to Third Parties
Disclosure
The Duty to Report Misconduct
Handling Reports of Misconduct as a Managing Broker
Ethical Codes Outside of RESA and the Rules
Ethical and Professional Responsibilities and Money Laundering

Chapter 4: What the Purchaser Buys: Estates and Interests in Land
The Evolution of Real Property Law and the Doctrine of Estates
Fee Simple Estate
Life Estate and Estate Pur Autre Vie
Leasehold Estates
Interests in Land Less than Estates
The Extent of “Ownership” in Land
Co-Ownership of Land

Chapter 5: The Subdivision of Land and Title Registration in British Columbia
Who Owns the Land?
How is Land Divided?
How a Strata Development is Created
Types of Strata Property
Title Registration in British Columbia
The Torrens System of Land Registration
Land Title Offices, Searching Title, and the Registration Process
First Nations Land Registration
Contaminated Sites
Manufactured Homes
Appendix 5.1: Sample Excerpts From Strata Plans
Appendix 5.2: Sample Land Title Search

Chapter 6: The Professional Liability of Real Estate Licensees
Common Grounds of Liability Against Licensees
Negligence
Misrepresentations and Deceit
Errors in Drafting Agreements
Breach of Fiduciary Duty
Statutory and Industry Liability
What is the Bottom Line?
Introduction to Tort Law
Trespass
Private Nuisance
Occupiers Liability
Protection of Personal Information
Canada’s Anti-Spam Legislation

Chapter 7: An Introduction to Residential and Commercial Tenancies
Nature of the Relationship
Types of Tenancies and Termination
Residential Tenancy Arbitrations
The Key Rights and Obligations of the Parties in a Tenancy Relationship

Chapter 8: The Law of Contract
Void, Illegal, Voidable and Unenforceable Contracts
Offer
Acceptance
Consideration
Legal Intention
Capacity
Legal Object
Genuine Consent
Termination of a Contract
Remedies

Chapter 9: Strata Management Contracts
Service Agreements
Minimum Service Agreement Requirements
Additional Strata Management Service Agreement Requirements
Supplier and Service Contracts
Managing the Agency Relationship 
Appendix 9.1: SPABC Agency Agreement

Chapter 10: Law of Agency
Agent’s Appointment and Authority
The Strata Manager’s Agency Contract
The Common Law Duties of the Agent to the Principal
The Duties of the Principal to the Agent
Relationship Between the Agent and the Third Party

Chapter 11: Effective Negotiations and Alternative Dispute Resolution
The Nature of Effective Negotiations
Negotiation Approaches
When Negotiations Fail
Finding a Mediator or Arbitrator

Chapter 12: Strata Properties (Condominiums) and Cooperatives in British Columbia
The Strata Corporation
How a Strata Corporation is Governed
Finances
Bylaws and Rules
Repairs
Cancellation of a Strata Plan and Winding Up of a Strata Corporation
Civil Resolution Tribunal
Legal Proceedings
Strata Titles Compared with Cooperative Corporations
Appendix 12.1: Strata Property Act Form B – Information Certificate
Appendix 12.2: Strata Property Act Form F – Certificate of Payment
Appendix 12.3: Strata Property Act Form J – Rental Disclosure Statement
Appendix 12.4: Strata Property Act Form K – Notice of Tenant's Responsiblities

Chapter 13: Overview of the Strata Property Act and Strata Property Regulation
The Strata Property Act and Strata Property Regulation
Specific Provisions Under the Strata Property Act
Appendix 13.1: Schedule of Standard Bylaws

Chapter 14: Sections
Creation and Cancellation of Sections
Operations of Sections
Requirements of the Real Estate Services Act

Chapter 15: Strata Meetings and Communications
General Meetings of Owners
Setting the Agenda
Council Meetings and Hearings
Appendix 15.1: Strata Property Act: Form C – Mortgagee’s Request for Notification
Appendix 15.2: Decisions Requiring a Vote and the Type of Vote Required

Chapter 16: Strata Governance: Meetings, Rules, and Effective Decision Making
Shared Decision Making
Meetings in General
Meeting Procedures

Chapter 17: Protection of Personal Information
Personal Information
Collecting Personal Information
Using Personal Information
Disclosing Personal Information
Disposing of Personal Information
Privacy Complaints
Privacy Policies and Privacy Officers

Chapter 18: Building Design and Construction
Multi-Family Building Design
Architectural Information
Multi-Family Building Construction
Building Systems
Interior Finishes
Inspecting Multi-Family Properties
Green Housing: Energy Efficiency and Sustainable Real Estate
Appendix 18.1: Measurement Practices Bulletin CP-15

Chapter 19: Controls, Maintenance, and Energy Conservation
Accounting – Income and Expenses
Maintenance and Repairs
Janitorial Services
Security
Administration
Taking Over a Property
Building Maintenance and Repairs
Preventive Maintenance
Corrective Maintenance
Routine Maintenance
Deferred Maintenance
Managing Operating Expenses
Developing an Operations Manual
Fire Prevention Systems and Equipment
Energy Conservation
Electrical Terminology
Energy Flows
Building Audits
Planning Energy Conservation
Appendix 19.1: Sample Daily Maintenance Log Form
Appendix 19.2: Sample Mechanical Preventive Maintenance Control Sheet
Appendix 19.3: Sample Daily Maintenance Log

Chapter 20: Insurance and Risk Management
Property Insurance
Insurable Interest
Liability Insurance
Risk Management
Assessing the Risks
Insurance Coverage for a Strata Corporation
Annual Insurance Review
Reviewing Insurance Policies
Retaining Insurance Policies
Recording Accidents
Making a Claim on a Policy
Reimbursement of Insurance Deductibles by Owners
Third Party Warranties
Appendix 20.1: Third-Party Personal Injury and Property Damage Report
Appendix 20.2: Insured Property Damage Report
Appendix 20.3: Final Release

Chapter 21: Security, Environmental Protection, and Hazardous Materials
Developing a Security and Safety Program
Planning
Fire Prevention
Disaster Precautions
Building Security
Security Personnel
Security Legislation
Liaison with Public Safety Officials
Environmental Law and Real Estate
Liability
Federal and Provincial Statutes Relating to the Environment
Environmental Audit Analysis
Workplace Hazardous Materials and Products
BC Regulations
Appendix 21.1: Earthquake Preparedness – Before, During, and After
Appendix 21.2: Sample Questions for a Pre-Bid Questionnaire
Appendix 21.3: Topics to Cover in Bid Specifications

Chapter 22: Local Government Law
The Three Levels of Government
The Rationale for the Regulatory System
The Planning Process
Official Community Plans
Rural Land Use Bylaws
Zoning
Land Use Contracts
Non-Conforming Use
Board of Variance
Permits
Subdivision
Building Bylaws and Inspection
Licensing Bylaws
Appendix 22.1: Sample Zoning Bylaw Extract (District of West Vancouver)

Chapter 23: Accounting Fundamentals for Strata Management
Forms of Organization
Accounting
Generally Accepted Accounting Principles (GAAP)
Double-Entry Bookkeeping System
Financial Statements
Balance Sheet
Operating Statement ( or Income Statement)
Relationship between Operating Statement and Balance Sheet
Principles of Fund Accounting
Accounting Software

Chapter 24: Budgeting: The Operating Budget and Fund
Annual Operating Budget
Project Budgets
Capital Budgets
Purchasing
Budget Vote
Budget Surpluses and Deficits
Illustration 24.1: Budget for a Stratacorp place
Operating Fund
Best Practices for Strata Corporations

Chapter 25: Budgeting: The Contingency Reserve Fund and Depreciation Reports
Depreciation Report Overview
Depreciation Report Framework
Contingency Reserve Fund (CRF)
Funds for Special Levies
Illustration 25.1: Financial Statements for Stratacorp Place
Appendix 25.1: The Condominium Home Owners’ Association of BC Sample Depreciation Report Request for Proposal

Chapter 26: Purchasing
Methods of Procurement
Laws of Sole Source
Laws of Competitive Bidding
Controlling Risk
Competition vs. Sole Source
Developing Purchasing Policies and Documents
Competitive Bidding and Purchasing Documents

Chapter 27: Personnel Management
Introduction to Personnel Management
Job Analysis
Selection Process

Glossary
Index