Jason Bryk 

Phone: 204.956.3510

Fax: 204.957.0227

Email Me

DATE:  Thursday, October 11, 2018


TIME: 5:00pm – 6:30pm


LOCATION: Pitblado LLP - 25th Floor Boardroom, 360 Main Street, Winnipeg


TOPIC:  Adjustments for water consumption on property sales in the City of Winnipeg


At this session, representatives from the City of Winnipeg, Water and Waste Department and Legal Data Resources (Manitoba) Corporation will be presenting a new service that will allow online real-time access to water account balances for real estate closings.  The presentation will include the limitations of the City’s responsibility regarding the accuracy of information provided.  This should prompt additional discussion concerning "due diligence" measures which a lawyer should consider to verify water consumption information.


Please RSVP to the Manitoba Bar Association.

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If you will be working on real property matters on Friday, September 14, 2018, and most importantly if you have a closing, mortgage advance, or need to complete an after 3pm search on Friday, September 14, 2018, this email is a must read.


On Friday September 14, 2018 through to and including Sunday September 16, 2018 the Property Registry will be undergoing a major internal system upgrade and the internal database, built in 1988, will be replaced.


eRegistration will be unavailable from 2:50pm on Friday September 14, 2018 until 10:00pm on Sunday September 16, 2018.


The Property Registry website, and all of their other online applications: Titles Online, Survey Plans Online, Documents Online, Plan Deposit Submission, and the Personal Property Registry, will be offline at 3:30pm on Friday September 14 until 10:00pm on Sunday, September 16, 2018.


Any after 3:00 searches on Friday September 14th will need to be performed between 3:00 and 3:30pm.


Delays in the distribution of overnight notifications should also be expected.  If you do not receive your notification by 5:00pm on Monday, September 17, 2018 please contact the Property Registry Client Service Team at tprclient@tprmb.ca for assistance.

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Another quality Sunrex project 238 Portage Avenue Condominium.  Marketed by Colliers the development is sure to impress and will provide another boost to Winnipeg’s downtown.

 

 

 

 

 

 

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Is someone at your condominium corporation in arrears for payment of common expenses?  The following is a brief introduction to the complex world of condominium liens:

 

If a unit owner fails to contribute to the common expenses or reserve fund, the condominium corporation has a lien against the owner's unit and its share in the common elements for the unpaid amount, the interest owing on the unpaid amount and the reasonable legal costs and expenses incurred by the corporation in collecting or attempting to collect the unpaid amount, including the costs of preparing and registering the lien and its discharge.

 

However, the lien expires three months after the default that gave rise to the lien occurred unless, within those three months, the condominium corporation submits a notice of the lien to the district registrar for registration, in a form approved by the district registrar.

  

The Condominium Act also states that at least seven days before the Lien is registered, the condominium corporation must give the unit owner written notice of the lien.  However, the condominium corporation may register the lien without prior written notice to the unit owner if the corporation is aware that a sale of the unit is pending.

  

Once registered in the relevant land titles office, the condominium corporation has the right to enforce the Registered Lien in the same manner as a mortgage is enforced under The Real Property Act.

 

With respect to priority, the registered Lien has priority over every registered and unregistered encumbrance even though the encumbrance existed before the lien arose; however the lien does not have priority over a claim of the Crown; aclaim for taxes, charges, rates or assessments levied or recoverable under The Municipal Act or The City of Winnipeg Charter; a prescribed lien or claim; a Notice on title about a phased development; a notice on title of proposed phasing amendment; a Notice of amendment to cancel proposed phase or extend time for completion; or a registered instrument referred to in clauses 45(5)(a) to (j) of The Real Property Act.

 

 However, priority is not absolute.

 

On or before the day the Notice is submitted for registration, the condominium corporation must give written notice of the “lien” to each encumbrancer whose encumbrance is registered against the title of that unit and if there is “no notice” the lien loses its priority over an encumbrance.   That being said, the notice can be given late.  If the condominium corporation gives notice of a lien to an encumbrancer after the day the lien is registered, the lien has priority over the encumbrance only to the extent of (a) the arrears of common expenses or reserve fund contributions that accrued during the three months before the day notice is given and that continue to accrue after that day, (b) the interest owing on the arrears, and (c) the reasonable legal costs and expenses incurred by the corporation to collect or attempt to collect the arrears.

 

Condominium liens can prove to be difficult terrain for a condominium corporation to navigate and the notice provisions within The Condominium Act may jeopardize a condominium corporation’s entitlement to priority. 

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Private sellers of real estate in Manitoba may soon have access to the Multiple Listing Service (MLS) as a way in which to market their real estate without the assistance of a realtor provided they retain the services of Comfree.   

 

The change is a product of Comfree becoming a licensed real estate broker in Manitoba.  See the full story on Global:

http://globalnews.ca/news/1889581/manitoba-no-commission-home-seller-to-list-on-mls/

 

Selling your real estate privately? Need assistance with your purchase agreement and don’t have the assistance of a realtor? Call the Manitoba Real Estate today!

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Manitoba Real Estate Lawyer Jason Bryk has returned to practise real estate and condominium law at Pitblado.  His new office will be 2500 - 360 Main Street, Winnipeg.

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On July 1, 2014, The City of Winnipeg Charter will be amended. 

 

Once amended, the City must ensure that any subdivision approval of an application made by or on behalf of a developer is made subject to a condition that the developer enter into a written agreement with the school board under which the developer agrees to:

 

(a)  Convey land to the school board; or if the developer and the school board agree,

(b)  Pay money to the school board in lieu of conveying land.

 

To be considered a developer the proposed plan of subdivision will result in four or more parcels of land and be made subject to street dedication (i.e. it will have a public street).

 

In exercising its options the School Board must consider the suitability and location of the land as identified in its consultations with the council.  

 

The difficulty that I see is that council will likely require a developer to enter into either "a" or "b" with the School Board, or, obtain something in writing from the School Board stating the School Board is not interested in exercising its options; what could potentially happen, is the School Board could take money in lieu of conveying land even though they do not require the land as that money in lieu of conveying could increase funding. 

 

That being said The Public Schools Act states that such monies may only be used to acquire land for a school or to acquire school buses.

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Lawyers throughout Winnipeg take part in the Habitat for Humanity Shed Build Challenge, Manitoba Real Estate Lawyer Jason Bryk captain's Pitbaldo's team. A great build for a great cause.

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