WHEREAS pursuant to Part 2, Division 2, Section 8 of the Real Estate Development Marketing Act the Province of BC prescribes that road access standards be included in subdivision processes; AND WHEREAS through the selling of shares, land co-ops and bare land strata, land ownersdevelopers can circumvent requirements set out in such subdivision processes by beginning their developments under the aforementioned ownership regimes and then applying for subdivision or building strata status: THEREFORE BE IT RESOLVED that the Province be requested to develop a policy or mechanism to ensure that rural access road and maintenance standards required through subdivision processes also apply to selling of share, co-op or bare land strata conversions.
Ministry of Finance The Real Estate Development Marketing Act REDMA is a marketing and disclosure statute, and does not generally regulate development approvals. However, REDMA does prohibit the marketing of development units, including cooperative interests, where purchasers buy shares in a corporation which owns land, unless the municipality or other appropriate government authority has given development approval. The intent behind this provision is to ensure that all required approvals are obtained prior to marketing. However, if there are no land use restrictions or development conditions or requirements applicable to the proposed development, marketing could commence without further approval. With respect to the specific issue of access roads and maintenance standards, REDMA requires all developers marketing development property in BC to give all prospective purchasers a disclosure statement that sets out all material facts relating to the development, including any information that could affect the value of the property, such as details about access and road maintenance. Developers who do not comply with these marketing or disclosure requirements are subject to the enforcement powers of the Superintendent, including cease sales orders. Ministry staff will consider whether further refinements or clarifications to REDMA are warranted to better ensure public protection in the purchase of rural and recreational property.