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THE UNIVERSITY OF BRITISH COLUMBIA

PETER A. ALLARD SCHOOL OF LAW

EXAMINATION — APRIL 2018

LAW 442.001 Condominium Law

—

Professor DC Harris

TOTAL MARKS: 100

TIME ALLOWED: 2 HOURS

1. This examination consists of 2 questions. Answer BOTH questions.

2. This is an open-book examination. You are allowed to bring any written material,
including your notes and published material, into the exam. You may not use any
electronic material other than your laptop or notebook computer with ExamSoft.

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a. write legibly on every second line of your exam booklet and on one side of the
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total number of booklets, i.e., 1 of 2, 2 of 2; and
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a. enter your exam code in the appropriate place; and
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5. Put your exam code on the question paper and return the question paper at the end of
the exam.

6. Do not begin your exam until you are instructed to do so.

7. Good luck!
QUESTION 1. 50 marks (60 minutes)

Drawing on the material in this course, describe the meaning of “significantly unfair” and the
role that it plays in British Columbia’s strata property regime. If you were a strata lot owner and
thought you were being treated unfairly, where would you go for a remedy, what remedies
could you secure, and what threshold or standard would you have to meet in order to secure
the remedy?

Provide the legal basis for your answers.

QUESTION 2. 50 marks (60 minutes)

A private property developer has come to you for some preliminary advice about the different
legal structures that it might use in the construction of mixed-use commercial/residential
development in Vancouver. The developer has assembled a city block, which it owns in fee
simple, and it intends to construct several different structures on the block, the details of which
are set out below.

The developer is not interested in building a rental property. It builds multi-unit structures in
order to sell the individual units. It wants to be able to market the freehold or fee simple
interest in the units. In addition, it is not interested in remaining involved in the development
after the units are sold. It intends to turn over the management of the property to the owners.

This is what the developer is planning to build and how it intends to divide up the use:

• A mixed-use tower at one end of the block divided as follows:

o the first (or ground) floor with retail/restaurant units;
o floors 2-4 with commercial/professional office units; and
o floors 5-20 with residential units.
• Two rows of three-storey, residential townhouses, each row facing outward to the
street and stretching from the tower to the end of the block;
• A common area garden/green space between the rows of townhouses with access
restricted to the occupants of the townhouses and their guests;
• An enclosed fitness centre and swimming pool between the tower and the townhouses,
available to the occupants and guests of the residential units in the tower and the
occupants and guests of the townhouses;
• A retail patio area at the base of the tower for the exclusive use of the adjacent
retail/restaurant units;
• A roof-top patio on the tower that is available to the occupants of the residential units
in the tower and their guests;
• A parking garage underneath the tower and townhouses, with a single entrance off the
street, divided as follows:

2
 o On the first level (-1), in that portion underneath the tower, parking to be
restricted to the occupants and customers of the retail units and the
commercial/professional offices;
o On the first level, in that portion underneath the townhouses, parking to be
restricted to the occupants of the townhouses and their guests; and
o On levels -2, -3 and -4, parking to be restricted to the owners of the residential
units in the tower and their guests.

See the sketch below of how the developer has imagined the layout of the block.

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The developer wishes the costs of maintaining the various amenities to be allocated to the
owners of those units who have access to and use of them.

Write a memo that outlines the options available to the developer in creating a structure of
ownership for this development. In doing so, provide the legal basis for the various options, and
note the potential advantages and disadvantages (if any) of the options.