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Legal Services / Land Development/Strata Development

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Experience and knowledge of the Okanagan development market

Navigating the issues that can come up in Land Development or Strata Development is not always easy. Knowing how to resolve these issues effectively can mean the difference between seeing a development project through to the end, and losing significant investment costs on a project that does not complete, or running into unexpected costs down the road.


Land Development

Our Land Development Team offers in-depth experience and knowledge of the Okanagan development market and the Provincial regulatory framework. Our lawyers have acted for small and large developers on several residential and condominium developments, along with commercial developments such as office, industrial and retail spaces.

We have represented land developers throughout all stages of the Development process, including: initial acquisition of land, the planning and approvals stages, project financing, site and off-site servicing, construction of on-site improvements, early marketing and pre-sales, and sale or lease to end-users. No matter what stage, we provide tailored, practical advice.

Our Team can assist you and provide legal services in several areas:

  • Purchase and sale of all varieties of land from suburban and farmland to downtown land assemblies
  • Navigating the Agricultural Land Reserve and the requirements of the Agricultural Land Commission
  • Negotiation and finalization of subdivision, development and other agreements with municipal authorities and other developers regarding financing and sharing of infrastructure costs
  • Representation before subdivision and development appeal boards and other planning boards and tribunals
  • Preparing all manner of easements, statutory rights of way, restrictive covenants, building schemes and joint use agreements
  • Negotiation of construction agreements for servicing, buildings and other improvements
  • Structuring and negotiation of partnerships and joint venture agreements and real estate syndications
  • Negotiation and completion of interim and long-term project financing documentation
  • Marketing and pre-sales in accordance with the British Columbia Real Estate Development and Marketing Act (“REDMA”) and the requirements of the British Columbia Financial Services Authority (“BCFSA”)
  • Setting up and running strata corporations, and homeowners’ associations 
  • Negotiation and finalization of ground leases and tenancy agreements
  • Sale and lease-back arrangements


Guidance for Your Subdivision Development 

Subdividing land for development can be a lucrative opportunity, but the legal complexities can be overwhelming. From zoning laws and environmental regulations to contract negotiations and compliance with local ordinances, ensuring a smooth process is critical to the success of your project. Our experienced land development lawyers specialize in subdivision law, offering the legal expertise you need to turn your land into a profitable, compliant, and well-planned community.


Strata Development

Our legal services for strata development in Canada provide expert guidance at every stage of the development process, from initial planning and negotiations to finalizing sales and managing strata corporations. We work closely with developers to draft and review development agreements, assist with land use regulations, and ensure compliance with the various laws governing strata communities.

Whether you are a developer, property owner, or strata corporation, we offer comprehensive legal services including:

  • Development Agreement Drafting and Negotiation: Ensuring your agreements are clear, legally sound, and in compliance with local and provincial laws.
  • Strata Title Registration: Assisting with the registration process and making sure that all legal documentation is in order.
  • Bylaw Drafting and Review: Creating customized bylaws that govern the operation of the strata and protect the interests of all stakeholders.
  • Compliance with Provincial and Municipal Regulations: Ensuring your development complies with the specific requirements set forth by provincial and local governments, including zoning, building codes, and environmental regulations.

With our extensive knowledge of strata law, FH&P Lawyers help you navigate the legal intricacies of strata development with confidence, ensuring that your project runs smoothly and avoids costly legal pitfalls.

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Changing your strata

In 2020, it was declared that strata corporations must inform owners living in the strata about changes in the strata corporation’s insurance coverage as soon as possible.

Imposing strata fines

In 2018, Strata Corporations became allowed to impose fines of up to $1,000 per day on owners and residents who refuse to comply with bylaws regulating short-term rentals.

Land Development / Strata Development Lawyers

Doug Flannigan
Partner
Nancy Ling
Partner
Tanvir Gill
Partner
Colin Flannigan
Associate
Russell Tse
Associate

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