184. The curious case of the disappearing by-law

In this particularly packed episode, Reena and I cover:

  • the practical problems with completing Annual Fire Safety Statements
  • what happens when a by-law is accidentally left out of the consolidated (and registered) by-law bundle?
  • a reminder that the strata manager is not the owners corporation
  • the latest Tribunal case on the ‘nuisance’ of smoking

 

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3 Comments. Leave new

Harry Mcnamara
October 23, 2019 11:10 am

Could you please tell me if there are any written documentation that can be downloaded in regard to Annual fire safety statement requirements?

Reply

For over 20 years our volunteer run SP registered by law changes itself (via a lodging agent) but since taking on a managing agent the process is now, after the proper resolution is passed, the SC passes the matter to the managing agent who passes the matter to a lawyer who passes it to a lodging agent.
A little bit of a costs difference.
I have wondered why the agent passed it to a lawyer given naive volunteers have for 20 years been able to manage what is essentially filling in a form.

Is it really risk transfer?
Is an agent transferring personal risk acting in the best interests of the OC?
Where is the fiduciary duty to the OC in an agent transferring personal risk at the expense of the OC?

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