SERVICES OFFERED

Fischer & Company provides a broad range of legal services to individuals, strata corporations and management companies in Kelowna, the Okanagan, and the entire Province of British Columbia.

Strata Services

Fischer & Company provides comprehensive and professional legal advice on any issues dealing with the British Columbia Strata Property Act as well as other legislation and legal authorities dealing with all types of strata lots in the province of British Columbia, including Condominiums, town-houses, bare land lots, duplexes, etc.

We provide various legal services, including, but not limited to, the following:

Advice and practical assistance with governance and administrative issues of Strata Corporations, including but not limited to:

  • Enforcement of bylaws and rules.
  • Handling bylaw complaints from owners.
  • Assisting with noise bylaw complaints.
  • Updating bylaws to account for changes to the Strata Property Act.
  • Creating and enforcing valid age limits.
  • Creating and enforcing pet restrictions.
  • Preparing, amending, removing or interpreting property designations, such as limited common property designations, long term leases, easements, strata plans and other legal documents.
  • Strata Corporation document disclosure and privacy issues.
  • Conduct of annual or special general meetings, council meetings, preparation of resolutions and motions.
  • Strata Corporation financial requirements and division of expenses.
  • Building warranty and/or construction defect issues.
  • Insurance issues, including responsibility to pay insurance deductibles or damage with respect to a strata lot and/or the common property.
  • BC Human Rights Code issues.

Drafting and interpretation of strata bylaws, contracts, easements, leases and other legal documents.

a.       Fischer and Company has very innovative and effective bylaw templates. Our newly updated bylaw templates represent a considerable advancement over any standard bylaws with features including (as examples):

i.      A more natural, consistent and intuitive organization, with similar provisions located in close proximity – For example, all repair and alteration provisions are now located in one consistent Part of the bylaws.

ii.      An easy to reference Index.

iii.      Improved bylaws dealing with day to day issues such as decisions made between council meetings, practical quorum provisions, access to strata lots in emergencies and for scheduled inspections, alterations, insurance claims, indemnities and other common issues.

iv.      Updates to reflect legal changes, including a basic but mandatory privacy policy, human rights exemptions, rentals vs. licensing and other developments.

Collections of strata fees, special levies, fines or other amounts owing to the Strata Corporation which collections services include:

  • Preparing and/or sending demand letters;
  • Preparing and filing strata liens;
  • Removing strata liens;
  • Disputing strata liens and/or builder’s liens;
  • Enforcing strata liens by proceeding to Court for sale of a strata lot to collect arrears; and
  • Assisting with practical steps to resolve amounts owed by or to strata corporations, including strata fees, special levies and other amounts owed between owners, strata corporations and third parties.

Litigation Services

COURT

  • The Courts can be effectively used for many types of disputes, including:
    • Proceedings by Petition to remedy significant unfairness, breaches of the Strata Property Act, or seeking appointment of a Court ordered administrator for disorganized strata corporations.
    • Collections of amounts owing to strata corporations, including Order for Sale proceedings to collect strata arrears, or defending owners against such proceedings.
    • Preparing and assisting with Small Claims Court Actions in Provincial Court for arrears not collectable by a strata lien.
    • Litigation dealing with property use issues and/or actions for damages.
    • Litigation involving strata corporation financial irregularities, repairs and maintenance disputes, bylaw enforcement, and strata council governance.

CIVIL RESOLUTION TRIBUNAL

  • The Civil Resolution Tribunal is now available for cost-effective and relatively swift resolution of a wide variety of strata disputes. Fischer & Company has assisted clients with preparation, filing and defending claims in the Civil Resolution Tribunal, and has successfully applied to represent a party in the Tribunal.

OTHER TRIBUNALS, ADJUDICATION AND MEDIATION

  • Fischer & Company can also assist with the conduct of mediation, arbitration hearings, administrative hearings including human rights complaints, Residential Tenancy Branch arbitrations, and other hearings before tribunals and other authorities.

Informational Sessions

Fischer & Company offers free in-house informational sessions for strata management firms where we provide updates on strata law as it evolves, to present on topics that are of general interest and answer general questions strata managers may have about strata law. If you are interested in requesting an information session for your management firm, please contact us.

We can also present paid informational sessions for strata corporations on specific topics which topics are requested in advance of the session. These sessions can be provided to a single strata corporation or for multiple strata corporations who have the same topic requests.If you are interested in requesting an information session for your strata corporation, please contact us to discuss this opportunity and to obtain a quote.

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