Vancouver condos seek court order to amend tier plans to provide amenity space for Concord CEO

garretschoenbergNovember 30, 2022

Concord CEO Terry Hui owns the condo’s penthouse and, much to the frustration of other condo residents, has exclusive access to the building’s amenity rooms. Photo by Francis Georgian /PNG

Yaletown Condo Strata, which has been in a dispute with Concord Pacific’s CEO over who can use its extensive amenity space, is now seeking an order in the BC Supreme Court.

The latest move is a complex story that touches on local and state regulations and pits expensive condominium strata owners against influential developers.

The formation of the Erickson Building on the northern breakwater of False Creek has been filed with the Court and with the Registrar of Land Titles of British Columbia, designating the second floor area of the building for the sole use of the building. I am asking for orders to correct the “error” of the plan. Penthouse owner, Concord CEO Terry Hui.

It had already sought assistance from the City of Vancouver to gain access to the 6,000-square-foot space.

In late 2005, Concord submitted a development permit application for The Ericsson, indicating that the space would be a common facilities area. Three areas totaling more than 10,000 square feet, including the second floor, were requested to be excluded from the building’s floor area ratio calculations based on their being areas for the enjoyment of all residents and tenants. to the petition.

Concord began selling strata parcels and Hoy purchased the penthouse in 2005.

After the building was completed in 2010, the second floor space was marked exclusively for penthouse owners when the floor plan was submitted to the Land Ownership Agency.

In late 2021, the city sought to order Concord and Hui to comply with development permits and allow residents access to the space.

Concord tried to apply to the city for a change of development permit, but was unsuccessful.

In 2022, Hoi offered residents access to the area in exchange for a rental fee. They refused, telling them through their lawyers that the suggestion that they would have to pay to use that shared space was “extremely offensive.”

The new petition, filed in mid-November, cites a 2019 BC Supreme Court ruling in another case to correct errors in tier plans filed with the Land Title Office.

The lawsuit was between Telus President and CEO Darren Entwistle and his wife Fiona Entwistle and the formation of Telus Garden Residences. Telus Garden Residences are high-rise condominiums connected to a mixed-use development in downtown Vancouver.

When Entwistle’s purchased two penthouse condos, part of the roof was sold with a private roof deck. However, a geological map submitted by his Westbank, a Telus joint venture partner and developer, incorrectly indicated that the deck and the portion of the roof used to access it were part of a condominium unit. was not

The Registrar initially refused to recognize the court’s authority to order corrections to the proposed tier plans, but the court maintained its position.

The petition said the Entwistle case demonstrates that the court has “broad powers to rectify errors and injustices.”

However, it should also be noted that, according to much older cases from the early 1960s, registrars cannot correct errors when they are disputed.

This current petition by the Ericsson Layers came in 2019 when land title registrar Larry Braschke found that “the layer plans submitted and registered accurately reflect the developer’s intentions.” said he did.

In a statement, the city of Vancouver said it did not comment. “This is a private dispute in court between the formation and the developer, and the city is not involved.”

Strata said it was notified by its registrar that its office would not respond.

Strata’s attorneys said they have not yet received responsive materials from Hui or anyone else, but they plan to do so soon.

jlee-young@postmedia.com