Archive for September, 2017

It’s better to find solutions before a costly crisis occurs

Thursday, September 21st, 2017

Condo Smarts: Better to find solutions before a crisis occurs

Tony Gioventu
The Province

Dear Tony

Our strata discovered that a pipe in a wall between my unit and a neighbour’ s unit had developed a leak.

They hired a plumber who came out and had to cut a three-by-three-foot hole in both of our walls to replace the pipe. The cause was obvious: the pipe had been angled around a cable and stressed to the point of failure. 

When the plumber was gone, he gave us a card to call to have our walls repaired. We both arranged for a drywall company to come in and fix our walls.

At no time did the strata or anyone else indicate we would have to pay for the repairs. Each of us had to pay $1,500, which is horrendous.

The strata argued it was a repair to our strata lot and the strata was not responsible, but it was not a claim under the insurance deductible and it was damage caused by the strata corporation’s contractor to actually repair common property. Is this common? 

Agnes W., White Rock

Dear Agnes:

Under the Strata Property Act in B.C., strata corporations must maintain and repair common property.

Under the definitions of the act, pipes, wires, ducts and cables that are in walls, ceilings and floors that are between two strata lots, or between a strata lot and common property, are deemed to be common property.

The strata corporation was correct that it had to repair the pipe as it was common property; however,  in order to repair the common property, the strata corporation was required to enter your strata lot and remove a section of wall to repair the common property.  

While we have no definitive court decisions on this process, it is logical to assume that a party who causes the damages will be responsible for the repairs in the same manner as an owner who hammers a nail into a wall to hang a picture and causes a leak would be responsible for the cost of the repairs. 

Allyson Baker, a lawyer at Clark Wilson LLP in Vancouver, advises strata corporations to also consider bylaws that address these types of issues. According to Allyson: “Strata corporations are frequently required to access strata lots and conduct repairs. It may be a simple repair, or a complete re-piping of the building due to age, but the strata corporation would generally maintain the responsibility to replace the existing standard finishing with the same repairs.

“Where it gets complicated is when the strata corporation finds they have a repair behind a wall of custom marble or granite that was not original, and there is now a major cost associated with reinstating the alteration. A bylaw that clearly defines the limits of the repairs undertaken by the strata corporation to original finishes and construction only informs owners they are obliged to insure their improvements for any losses and provides a great deal of clarity for the strata corporation. It is always easier to find solutions before they become a crisis.”  

Bylaws are not only about solving problems; they can provide great clarity on liability and operations before an incident occurs. Well-written bylaws that comply with the act will often resolve many problems before your strata corporation is embroiled in a conflict, and are well worth the investment.   

© 2017 Postmedia Network Inc.

Fleetwood Rise 131 townhomes 16518 Fraser Highway Surrey by Anthem Properties

Thursday, September 21st, 2017

Fleetwood’s style rises to the occasion

Mary Frances Hill
The Province

Fleetwood Rise

What: 131 townhomes

Where: 103 — 16433 Watson Drive, Surrey

Residence sizes and prices: two-beds, three-beds, three-beds-plus-den, and

four-beds; 1,210 — 1,644 square feet; prices range from $500,000 — mid $600,000

Developer and builder: Anthem 

Sales centre: 103 — 16433 Watson Drive

Centre hours: noon — 5 p.m, Sat — Thursday

One glance at the funky and minimalist decor, muted colours and mid-century flair in Fleetwood Rise’s Surrey display home and it’s clear Janine Wilson and The Mill Design team had more than their fair share of fun tapping into the esthetic of young families looking to make a home in Surrey.

“Buyers … are very savvy to current trends these days, thanks to the amazing design resources available on Instagram, Pinterest, and Houzz,” says Wilson, a principal at The Mill and the designer of Anthem Properties’ new townhome community in Surrey.

Call it the democratization of interior design: social media platforms have given decor afficionados more freedom to curate, show off and share their fabulous decor inspirations, so it’s no wonder that as homebuyers, they come to display suites with high expectations.

While the Fleetwood Rise show home is definitely colourful and kid-friendly, The Mill’s esthetic appeal is decidedly grown-up, particularly in the living room

The Mill Design covered one wall with a faux brick effect, fashioned from wallpaper by Milton & King luxury wallpaper designers, which “helps add a lot of architectural character to the long narrow main floor you see in most townhomes,” Wilson says.

The living room shades are so muted they take on a neutral character next to the tan leather mid-century style ‘Sven’ sofa Wilson sourced from Article in Gastown. These hues inspired Wilson to incorporate navy wool drapery and black and white woven rug with charcoal side chairs.

 “I feel like colours like navy and terra cotta orange can be used almost like a neutral grey,” Wilson says. “They are the basic colours of the water and earth so they aren’t hard to look at or too bright no matter how much or where you use them.”

The black, white and brown scheme of the kitchen finishes adds contrast; the medium brown laminate mimics teak and stands apart from the more traditional styles that saturate the market, Wilson says. “We’re seeing so much of the white oak, grey oak, and walnut these days in kitchen cabinetry, so we wanted to do something slightly different here but also use a colour that was still really easy to coordinate with furniture.”

Wilson says of all the tasteful pieces used in the display home, she favours the marble and brass coffee table from CB2. “The marble veining is so subtle and the brass is a perfect darker brushed brass that doesn’t stand out too much and blends in with almost all metal and wood finishes.”

© 2017 Postmedia Network Inc.

The condo project at 7615 Cambie has pre-sale buyers angry over developer?s offer for a release from the contracts

Thursday, September 21st, 2017

Pre-sale condo buyers at cancelled Langara West project contest developer’s offer

Joanne Lee-Young
The Province

Over a third of pre-sale condo buyers at the cancelled Langara West project in the Cambie Street corridor are challenging the developer’s offer to return their deposits, plus interest and an additional 50 per cent of their downpayment, in exchange for a release.

It is the latest in a Vancouver real estate saga with a bit of everything: a property developer in southern China, a mysteriously felled tree, City Hall defending its permitting process, and land values that have nearly tripled in just under three and a half years.

In an opening salvo, a set of buyers is preparing a so-called position statement for Vancouver-based Vivagrand, according to Timothy Peters at law firm Jenkins Marzban Logan. He has been retained by around 25 of the 71 buyers.

The one-, two- and three-bedroom condos they bought, starting two years ago, were pre-sold from as low as $700 to $900 a square foot in a hot neighbourhood where prices are now going for between $1,200 to $1,400 a square foot.

Many buyers feel they are now priced out of other condos in the area, either for use as homes or investments, given the appreciation in recent years. 

The developer ended the project in August, telling buyers that the land — which it bought in March 2014 for $12.5 million — will be sold.

Permitting delays by the City, exacerbated when a tree on the corner of the development was cut down without permission, plus rising costs and the loss of project financing were to blame, according to the developer.

The group of buyers intends to argue there has been a “fundamental breach of contract” that invalidates any “limitation of liability” cited in their purchase and sale contracts. They believe the developer’s offer of the deposit, plus interest and 50 per cent, is based on this clause.

“You can breach a contract in many ways: By delivering the project late, or the condo size may be different,” said Peters. “But the essence of the contract is to deliver a strata lot with common property. If you don’t do that, you are breaching it in a more fundamental way.”

If this is the case, “What is the measure of damages from the developer to the buyers? Is it the difference between what they paid and the current market value at the time of the breach of the contract?” asked Peters.

The group will also turn to consumer protection legislation set out by the province’s Real Estate Development Marketing Act. It regulates the pre-sale of condo units and sets obligations for what developers must disclose, including updates about the strata site and financing, said Peters.

“According to REDMA, a developer can’t misrepresent facts and has an ongoing obligation to amend disclosures” if material facts change, Peters said.

For example, as late as January 2017, the developer told buyers there was a firm commitment by lenders to proceed with the project. “They removed this as a condition,” said Peters.

Eight months later, however, buyers were told in termination letters that delays in the project led to banks walking away from financing the project.

“The important thing is if there were misrepresentations in disclosure statements” as required by REDMA, the developer could be liable to purchasers for damages, Peters said.

“The developer can no longer rely on the limitation of liability as provided in the contract between it and the buyers.”

He adds the buyers “remain hopeful that the developer will appreciate the position they now find themselves in through no fault of their own and understand that the current offer that’s on the table is a fraction of their anticipated losses.”

Vivagrand has offices on West Broadway and describes itself as linked to Guangzhou-based Xiang Li, a real estate firm “with 22 years experience and over 350,000 square feet of residential, mixed-use and infrastructure development in China.”

© 2017 Postmedia Network Inc.

Fines associated with using cell phones while driving

Wednesday, September 20th, 2017

other

Effective Sep 12, 2017, BC police will take serious actions against Distracted Driving violations.

Drivers will be fined $368 & deduct 6 points, if they were found doing the following when driving:

Smoking, reading, looking at maps, hand held GPS, applying make-up, watching movies, cleaning faces, adjudting volume, searching for radio channels, maneuvering devices, using audio ear phone, listening to loud music, eating snacks etc. Drivers may only drink water when stopping for a red traffic light.

It is suggedted to place cell phone inside pockets of clothes.  Avoid physical contact with cell phone while driving.  If the cell phone is found not secured in a fixed position, driver will be fined $368 + $175 & deduct 4 points for initial offense.  The fine for repeated offense within 12 months will be $888 & $3,760 for the 5th offense.

A driver will also be fined if the cell phone is found placed at a too low position or it would block the front view of the driver. 

Before issuing a violation ticket, police will consider (1) if the cell phone has been secured in a fixed & safe position, (2) whether the driver has physical contact with or looked at the cell phone, (3) whether the screen of the cell phone would cause distraction to the driver.

✳ Cup holder next to the driver is not considered a safe position for placing cell phone. 

✳ Checking the time on the cell phone is considered illegal, and will be fined.

Canadians want green spaces to be protected says TD poll

Wednesday, September 20th, 2017

Steve Randall
Canadian Real Estate Wealth

Protecting Canada’s green spaces is a priority for most people but a survey shows that they could be improved.

The poll by TD Bank shows that 95% of Canadians say that access to green spaces will be important for their quality of life in the future but three quarters say local green space could be made better with more picnic areas, natural playgrounds and solar lighting.

Proximity to green space is a key factor in deciding where to live, with 18% ranking it a high priority, behind proximity to close schools and public transport.

“Canadians agree, community green spaces are an integral part of our identity,” said Karen Clarke-Whistler, Chief Environment Officer, TD Bank Group. “As the pace of life around us intensifies, Canadians value outdoor spaces in their communities where they can find common ground.”

Commercial development should not impact green space according to 40% of respondents with 24% saying that housing developments should also not mean cutting back on green space.

Copyright © 2017 Key Media Pty Ltd

Mortgage Rate Forecast September 2017

Wednesday, September 20th, 2017

BCREA

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Interactive Map Shows Income Needed for Detached Vancouver Home

Wednesday, September 20th, 2017

Andrea Nazarian
REW

An interactive map created by Vancouver-based data analytics company Mountain Math shows that even above-average incomes are not enough to afford a single-family home in Vancouver.

The map lets users input their yearly household income on a sliding scale, which allows the map to highlight in green the homes users are “rich enough” to afford in Vancouver. The map displays homes that are “out of character” for the inputted income bracket in pink.

The Mountain Math map assumes that users have saved up a 20% down payment and are willing to spend 33% of their pre-tax income on the home’s mortgage. It does not allow for calculations using larger down payments, which are typical when trading single-family homes. The mortgage used is for 25 years at 4% interest, which is higher than the average 2.94% fixed rate.

The map shows that the majority of single-family homes in Vancouver are out of reach for all but the very wealthy. The minimum income required for the map to turn anything other than completely pink is $170k. At $250k, most homes on Vancouver’s East Side are green, but most West Side homes remain pink even at this high income level. According to the latest census data on Statistics Canada, the median household income in Vancouver was $79,930 for 2015. 

“Excluding me and so many other Vancouverites from the vast majority of residential land is something that I think needs to change,” said Jens von Bergmann, co-founder of Mountain Math and creator of the map, to Metro News.

© 2017 REW.ca

Kitec piping installed between 1995-2007 are being recalled

Tuesday, September 19th, 2017

Realtor says he?ll pay for faulty pipes

Steve Randall
REP

Homeowners who bought a condo with faulty Kitec plumbing have been offered a lifeline by a Toronto real estate broker.

An estimated quarter of homes with Kitec pipes fitted between 1995 and 2007 are subject to a recall and that could mean costly repairs for homeowners.

“This is a crisis that no one saw coming,” said Claude Boiron, of the Royal LePage Terrequity Realty – Boiron Group. “Many Canadians put their hard-earned savings into condos and expected to make equity for their futures and retirement. This is a curve ball that just isn’t fair to Canadian condo owners.”

The 17-year real estate veteran has pledged to cover the repair costs of up to $10,000 for anyone who buys or sells a property through his agency and intends to get other Realtors to do the same for their clients.

“We’ve seen the confusion, anger, and concern of condo owners at town hall meetings,” added Boiron. “Many are wondering how they will be able to afford this unforeseen cost or how they will be able to sell their condos with a Kitec crisis stated on their status certificates. This is a way that we can take this considerable burden off the shoulders of our past and future clients.”

Boiron has set up a dedicated website KitecCrusader.ca to explain the offer.

Copyright © 2017 Key Media Pty Ltd

Government poised to make housing a right

Tuesday, September 19th, 2017

Jordan Press
Canadian Real Estate Wealth

The federal Liberals’ are sending signals that they are ready to make a right to housing part of its national housing strategy.

The declaration appears largely aspirational in nature at this point, as sources with knowledge of the government’s thinking said there won’t be any legislated specifics tied to the promise _ unlike the detailed benchmarks on other parts of the plan to measure progress.

Government officials have told housing and homeless advocates to expect a declaration in the plan set to be released this fall, and have it put into legislation to make a bold statement that would be difficult for a future government to ignore or reverse.

A spokesman for Social Development Minister Jean-Yves Duclos said the government couldn’t yet speak definitively to the details of the strategy.

The UN special rapporteur on adequate housing said declaring a right to housing in Canada would be a huge step forward for the country as it looks to curb homelessness and poverty.

“This country has been very slow to embrace all social and economic rights, including the right the housing,” said Leilani Farha, who is also executive director of Canada Without Poverty.

“They’re being pretty bold and creative in their thinking. I don’t know how that thinking translates into strategy.”

Federal coffers will dole out $11.2 billion over the next decade on the housing strategy, which is being billed as a plan to ensure everyone in the country can find housing that is affordable and meets their needs.

The government will flow $5 billion of that money to the Canada Mortgage and Housing Corp. to stimulate private sector investments and hopefully create an extra $10.9 billion in funding over 11 years.

Officials are putting the final touches on the plan that is scheduled to be released this fall.

Sources say the Liberals are looking to create specific strategies each for First Nations, Metis, and Inuit, instead of a singular Aboriginal housing strategy. The 2017 federal budget included $300 million for housing in the North and $225 million to support programs that provide units to Indigenous Peoples off-reserve.

The depth of Canada’s housing needs will be fully revealed at the end of October when Statistics Canada releases the data gleaned from the return of the mandatory, long-form census.

The most recent data available suggests there are 1.6 million households in “core housing need” _ those who spend more than one-third of their before-tax income on housing that may be substandard or doesn’t meet their needs.

Census data released earlier this month showed that there were 4.8 million Canadians living below the poverty line, including 1.2 million children.

Copyright © 2017 Key Media Pty Ltd

Burnaby’s Fortinet bulking up in face of cyber threats

Sunday, September 17th, 2017

Derrick Penner
The Province

International cybersecurity firm Fortinet is on the hunt to hire as many as 1,000 tech experts to fill its newly expanded data hub in Burnaby and help it keep on top of a rapidly expanding “threat landscape,” as security strategist Derek Manky puts it.

From ordinary “phishing” to sophisticated malware and ransomware attacks such as WannaCry, Manky estimates Fortinet deals with “north of one million” new cyber threats every day.

And the number of internet-connected devices in need of protection — from intelligent appliances and cars to smartphones — is always growing.

“(Ransomware) is a threat that has been on our radar for some time, but it’s getting nastier as time moves on,” Manky said. “They’re becoming more persistent and more damaging.”

To keep up with combating them, Fortinet announced last week the completion of a major expansion at its Burnaby campus, the now California-headquartered firm’s key research and development facility, taking over a second building in its suburban office park off Still Creek Drive.

That increases its footprint to about 282,000 square feet from the 87,000 square feet that Fortinet’s existing workforce of about 700 employees operates from now.

Manky said the company will now be looking to recruit up to 1,000 people “sooner rather than later” to fill the space, although he acknowledged the effort might take up to five years considering the firm hires about 50 to 60 new grads per year to fill its growing needs.

“We would like to get more, as you can see with the expansion,” Manky said. “One thousand is a big number.”

Fortinet isn’t the only local tech firm on a hiring binge. Its announcement follows news that online retail giant and data-services firm Amazon is advertising for more than 350 tech positions in Vancouver with other companies looking to recruit new talent as well.

Besides threat-intelligence experts and threat analysts, Manky said the company needs web developers, user-interface designers and a plethora of other positions to make its system work.

For some positions, such as developers and programmers, it is difficult to recruit locally because these are the same jobs everyone is looking to fill, Manky said.

There is less competition locally for the specific security experts, but Manky said for more experienced personnel, the competition is getting tighter at the global level considering the growing need.

Fortinet, which has about 5,000 employees around the world, is working to help close its skills gaps by setting up Fortinet Acadamies in 65 countries to collaborate with universities and cultivate the talent they need.

Manky said in Canada, the company is working with four universities and cultivating relationships with 19 more and he himself sits on a program advisory committee at the B.C. Institute of Technology, his alma mater.

“There is a huge gap in cybersecurity skills right now,” Manky said. “If you look at (the industry), it’s expected to grow (by) two million positions worldwide by 2019 that are unfilled. There is simply a lot of demand.”

© 2017 Postmedia Network Inc