Read Beverly’s article “Managing Grief” in the Winter 2020 issue of The Scrivener here.

The article continues below:

Good Grief: Part 1 Be Kind to Yourself

Grief is an inevitable, inescapable part of life. Over the past 25 years, I have experienced the deaths of five members of my immediate family; three resulted from a sudden tragic event or accident and two were more or less predictable. Each experience of death has brought a deeper, meaningful awareness and understanding of just how important communicating is in our healing. As a start, I found one of the hardest things was communicating with myself. A normally capable and energetic woman, I was brought to a standstill in a way that no previous life experience or education ever prepared me.

And somewhere, maybe osmosis from my culture, crying (or PDG “Public Display of Grief”) seemed a personal weakness.

One day, with my two-and-a-half year-old in tow, I broke down sobbing in the public library and shared my story with the librarian who just happened to be close. The librarian modelled compassion by listening  and giving time and words of comfort to help me get through my day. Unbeknownst to me at the time, my learning from her was twofold:

• to communicate permission to yourself to accept your expressions of grief; and
• not to be afraid to communicate with someone in their grief.

By personally accepting that I was allowed to grieve, letting myself learn and help other people deal with this roller coaster of a ride with unexpected twists or turns (of grief), paved the way to healthier grieving.

There is no one-size-fits-all, but our inner dialogue matters.

You are not perfect and never will be. Just do your best in the moment.

Here are 10 points I learned about grieving.

Acknowledge Yourself

1. What I am dealing with really sucks.

There is often no preparation for grief except life experience. I always say no experience is bad, but some are hard. In a recent discussion with a war vet who experienced severe PTSD, we found a shared experience where we have turned our past challenges into positive ones. Every time an ambulance passes me, I always take pause to send positive thoughts to the person inside and to the person’s family.

  2. PDG is not weakness. It is my current reality. It is stress-relief.

Get comfortable with it as not every hour of every day is great. From one who knows, eventually there will be more better days than bad. Sometimes you may start out crying
and end up having a laugh.

3. My new normal does not allow me to do my old normal.

Grief is exhausting. Period. Brain fog can be normal for months. More sleep and a good work/life balance are important. In some cases, we will have energy to start to resume our regular activities soon after our loved one has died but be prepared for that to change . . . sometimes months down the road.

I have a friend who grieved her husband after he battled multiple bouts with cancer. She went back to work after the first week he died because that is what she needed
then. She needed something in her life to seem normal and routine and just give her a reason to wake up in the mornings. At month 6, she was exhausted. At that point, she
embraced her grief and took a leave of absence from work for 3 months.

4. I will practise forgiveness of myself.

You are not perfect and never will be. Just do your best in the moment. Forgive thyself for not being the superstar or not completing things normally. Maybe you are short with other people and say things in a way you did not mean. Maybe there is just not much engagement in dayto-day activities. Perhaps you feel as if you are floating along and, while physically present, mentally you are checked out.

 5. I will practise forgiveness of others.

Most people come from a heartcentred place, even when they put their foot in their mouths. Fear can take hold of our natural support circle and cause people to act in ways that may seem foreign to you. Death is not a comfortable topic for many people and they may not have a lot of framework around how to act or what to say. In my own experience, I found the more traumatic the event, the more challenged my friends and family were. In some cases, I never saw people again. It was probably that aspect of how that one event changed the relationships with my people that compounded my grief experience. Oddly, I could handle the death (with time and healing), but how people changed hurt a lot. At the same time, some people outside my inner circle really stepped up to the point where I saw them in a new light.

 6. I will practise gratitude.

Mentally tell yourself every day three aspects of your life for which you are grateful. While not everything about life will seem rosy during grief, turning your mind to something positive can help your mood and energy.

7. I will have at least one activity to define my day that gives me space and time to heal.

Take a walk. Take a bath. Look at some photos. Smile. Look at the sky, nature, or birds.

 8. I will accept help from my circle of people.

Keep a list of “to do’s” and if someone asks to help, say to yourself, “I give myself permission to share this task.”

 9. I will keep doing something I normally love.

After Dad died, I did not feel like getting off the couch to do my favourite weekly activity of sailing. I was exhausted yet surprised that grief had crept into my being. It was no easy task, but I recall a conversation on the boat when the crew was talking about another sailor who left the sport because of a divorce. Several years later, he simply said, “I wish I’d kept sailing.” The real meaning was he let grief get in the way of living. In my experience, it took about 6 months before the joy returned, but I always
felt physically and mentally better after my day of sailing.

   10. I will seek help from a counselor or therapist.

As well-meaning as our friends and family are, sometimes we just need a boost. We can get stuck. It is truly okay to accept a helping hand from a professional source.
Grief is a predictably unpredictable human experience. An individual’s grieving process is as unique as each person. It speaks to our depth and complexities, our relationships, and the love and the bonds we hold with the person who died. Grief is good because it allows us to be enriched through our healing. I recommend that you
accept your grief in the same way you accept that the sun and moon rise and fall each day.

Communicating with my clients, or with anyone in grief, is not a complex act.

Good Grief: Part 2 Be Kind to Others

As a Notary Public with an active practice in Wills and Estates, I see clients who have recently lost their partners or are dealing with the death of a family member or friend.

Death is not the only reason for grief. It can be triggered by other life events such as the breakdown, loss, or change in a marriage or a family relationship, the loss of a job,
or the passing of a pet. When a person walks through my office door, I can usually tell by the individual’s demeanour or the documents we are doing that the client has had a loss, the trigger for a loss, or the person is experiencing some degree of grief. I take a moment to communicate with the person to recognize the loss.

Communicating with my clients, or with anyone in grief, is not a complex act. A stranger can communicate effectively with a person in grief without knowing the individual or the circumstance. The model put forth by the librarian was one of kindness and sincerity. She wasn’t afraid to face what many would find an uncomfortable situation; instead, she took the time to recognize and engage with a person in a world of hurt.

When dealing with a grieving person, I find that sincerity and simplicity of thought are the actions that matter most. I always stress that people should be kind to themselves and never apologize for the inescapable grief that we humans can experience.

If there is one single message to give, it is simply to be kind…

Here are some general guidelines for communicating that apply to almost any situation whether or not you know the person.

• If you don’t know what to say, say just that.

“I am at a loss for words. I really don’t know how to express myself or what to say. I am so sorry for the death of… . ”

• Just reach out. 

Don’t let your own fears—of not knowing what to say or intruding or seeing someone in heartbreak—hold you back. Whatever you do, your sincerity and caring is what matters. It will shine through.

• Just listen.

Listening is the most important part of the communicating process. Don’t be afraid to listen to someone in tears or anger. You may find you share some laughter together
along the path. Throughout the conversation, confirm what you have heard, such as, “You must have been so shocked.”

• Be patient.

Grief is a process of holistic healing. Often a grieving person needs to adapt to a whole new day-to-day personal culture and routine.

• Don’t try to fix it. You cannot.

The grieving person knows it cannot get fixed.

• Asking “How are you doing?” can be a burden for a grieving person to answer.

Questions are good but unless you truly want to know and you are a safe person for the grieving person to answer honestly, steer clear of that question.

• If someone is having a bad day, do not take it personally.

Do not judge. Accept and respect the person’s expression of grief in the moment. His or her moods, feelings, and energy levels will fluctuate and change—you will not see them all.

• Practise a random act of kindness and help with a task or chore.

If you offer to help, follow through. Don’t wait to be asked. The grieving person’s response to a generic, open-ended question such as, “let me know what I can do” may be
a challenge. Instead, tell the person you are available on Thursday, from 1 to 3 pm, and that you want to help with an errand, chore, or task. Gauge the response to your timing and his or her interest level.

• Manage your own expectations about communicating.

When leaving a phone message, let the person know you don’t need a response. You are just thinking of him or her and you will call again. And then call again. In my Notary practice, I certify copies of death certificates as a courtesy. When arriving in my office, most people do not expect that gesture. I tell them I have been through some challenging deaths and it is my small way of giving back; their shock turns quickly to relief and gratitude.

Not only are grieving families propelled into a whirlwind of practical activity plus a lot of calls and communications for about a month, they find there are a lot of unexpected expenses. And they are exhausted. With the complementary service and taking the time to be aware, ask, and listen, being personally engaged and interested in my client is truly the simplest of communicating. Through sincerity and kindness by such small gestures, I am afforded the privilege of trust and heartfelt two-way communicating with my client.

If there is one single message to give, it is simply to be kind to others.

BC Notary Beverly Carter practises in Victoria.

On November 30, 2020, The Land Owner Transparency Registry went live.  The Registry is an initiative of the current BC Government with intent of cracking down on hidden property ownership, fraud and money laundering in BC. Essentially, the Government wants to uncover the true nature of ownership for every single property in British Columbia.

The Registry aids in rooting out who really owns the land (property) – any person who has an indirect (unregistered) interest in land, whether through corporations, trusts, or partnerships must be disclosed.  If you think this does not apply to you …think again.  By law, at the end of November 2021, all registered Land Owners’ will be required to submit either a declaration or a declaration and a report in this new registry – LOTR.

For Notaries or lawyers dealing with purchasers of residential real estate it means that the process of acquiring a property has become more complex and time consuming.  A property where a declaration only is required is generally much simpler.  However, a property where the owners of the land are:

1. not correctly identified as to the proportion of ownership, or
2. where other people who are not showing as a registered owner have an interest, or
3. where someone registered as an owner is not really an owner

there is a requirement to fill out a lengthy report.

The report to fill out is cumbersome and created by someone who works inside a box who has not truly considered the practical aspects of the stakeholders in the process.  Not only is the report 23 pages long, but it is also complex, as to the numbering systems and legal terms, so that the average person would not really understand what they are supposed to do and what information is required.

Many residential property owner scenarios are simple, but some have a story behind the scenes.  As a rule, if there is a story to explain how the property is owned, then it is more likely to be a more complex property ownership scenario.

To help simplify or understand how the LOTR might affect you, here are a variety of possible residential scenarios.

Purchasing – Common Simple Scenarios

• A single person or a couple buy a home. No one else has an interest in the ownership.

***Likely only a declaration of this straightforward ownership will be completed. ***

Purchasing – Common Complex Scenarios

• Son or daughter buys a home with parents helping to acquire mortgage. Parents listed on title as a 1% owner.  Son or daughter listed on title as a 99% owner.
• Spouses listed on title as 99% and 1% interest holders in effort to take advantage of property transfer tax exemption.
• One spouse buys the home. The other spouse is not listed as an owner of the property (reasons don’t matter but include not t qualifying for a mortgage, residency, bad credit rating, not working, nature of work).
• A person buys a home with the help of a large gift. Is the gift really a gift?
• A person buys a home with the help of a large money contribution from a family member.

***Likely a declaration and a report will be necessary to fill out.***

Existing– Common Simple Scenarios

• A single person or a couple own a home or property. No one else has an interest in the ownership.

***Likely only a declaration of this straightforward ownership will be completed. ***

Existing – Common Complex Scenarios

• Son or daughter owns a home with parents helping to acquire mortgage. Parents listed on title as a 1% owner.  Son or daughter listed on title as a 99% owner.
• Spouses listed on title as 99% and 1% interest holders.
• Spouses listed on title as joint owners, or as tenants in common (share percentage) but have a blended family.
• One spouse registered as the owner. The other spouse is not listed as an owner of the property.
• A person bought the real estate with the help of a large gift.
• A person bought the land with the help of a large money contribution from a family member.

***Likely a declaration and a report will be necessary to complete.***

Existing – Family Transfers/Unique Ownership Arrangements

• A parent dies or is divorced. The solo parent, in addition to themselves, adds only one child as a registered owner.
• A parent dies or is divorced. The solo parent takes themselves off as a registered owner and adds all the children as registered owners. The parent continues to live in the property.
• A property is transferred to one, some, or all the children.

***Likely a declaration and a report will be necessary to complete.***

The onus to provide accurate and transparent information in a declaration and report is placed squarely on the registered owner.  As part of the reporting process, the people who have an unregistered interest in the land or property must be notified in writing by the person(s) registered as owners.

The word ‘Transparency’ in the name of the legislation and the registry makes sense.  When filling out the declaration and report just be transparent.  Describe your situation as factually and clearly as possible, for that is what the British Columbia government has made as an absolute legal requirement for all BC land owners.

Once your declaration and/or report are filled out in the registry system, the information will be available for public search.  It is expected that the registry searches are available after April 30, 2021.  What information will be made available for the public is not yet disclosed by the Government to us.  However, it is evident that Government agencies (i.e. Canada Revenue Agency) and police or other criminal seeking organizations will be given deep access to the registry.

Time will determine what the outcomes of the registry hold and how the searches are used in the fight to combat crime or money laundering.  The scenarios provided in this article are certainly not an exhaustive list.   There is no discussion of ownership and corporations or partnerships for the simple fact that in this office we do not do any real estate where corporations or partnerships are concerned.  By providing some insight into the complexities of people’s arrangements around financial assets, financing, and real estate ownership where other people may have an interest.  Essentially the registered owner of land may not be the only owner, or the true owner.  If you have a complex scenario, it does not necessarily mean a report is required but the odds are much higher that the report will be mandatory to complete.

For our own learning, we would appreciate your feedback about the article or any experiences around the registry.  If you have a unique scenario and are not sure how the registry will apply to your situation, please email me with details to hello@carternotary.com

Beverly Carter Notary Public, Practices in the areas of Residential Real Estate, Buying and Selling Houses, Mortgage Refinancing, Private Real Estate Contracts, Land Title Registry applications, Transfers of Ownership to Survivors & Others

 

#LandOwnerTransparencyRegistry #LOTA #LOTR #RealEstateOwners #TransfersOfProperty #BCLandOwner #BCProperty #RealEstate #YYJVictoria # VictoriaRealEstate

BC Notaries are playing an important role in helping bring loved ones into Canada.  As of October 8, 2020, the Canadian Government has lifted the ban of travel restrictions for “extended family”, so people in this extended family category can now cross the border into Canada provided they meet the eligibility requirements.  No reason is needed for extended family to come to Canada, but the application and Canadian immigration approval processes are necessary.

The new immigration from is now our top notarization request – as a BC Notary we see the family in Canada who need to take the oath or declaration using the ‘Application for Authorization and Statutory Declaration for the Purposes of Entry into Canada for Extended Family Members COVID-19’ IMM0006E Form.

Key facts and helpful information:

• The form to fill out is identified as imm0006e and the most was most recently updated November 2020. It can be found here.**note – there is an outdated version from September that must not be used**
• Download & Save the PDF to access and fill in the form.
• The form may be either printed and signed or electronically signed by the extended family member from where ever in the world they are.
  • Some people have difficulty digitally signing, but they can print out and sign and send that by email back to the family in Canada.
• BC Notaries do not administer a virtual oaths or virtual declarations — ****the family in Canada must sign and date with a pen in person with the BC Notary Public
• Who Qualifies as an Extended Family member?

For full information on getting approval for a family member to visit you here in Canada, you can find more information and detailed instructions how to correctly complete the form on the Government of Canada Website.

 

Wishing many families safe and happy reunions!

Beverly Carter Notary Public

**Reminder – the signing party must be present in front of the notary.

 

 

# Canadian Immigration Covid Form  # CovidFormForCanada # CovidTravelForm # Extended Family Covid Form # Extended Family #Canadian Government

How To Talk to Your Parents About Their Will

Life can change in an instant.  A sudden health incident, a new diagnosis, or changes to family structure are all common reasons why you would need to update your Will.  In recent months, the uncertainty of living through a pandemic has caused many to start thinking about and activating an estate plan.  However, not everyone attends to making a Will with the same zest and vigour.

Approaching this topic with parents can seem a little bit daunting.  A Will can be a sensitive subject because our parents may have difficulty facing their own mortality.  Alternately, the kids struggle to face the thought of their mom or dad dying, which brings out uncomfortable feelings as well.  Yet the cost of putting off making a Will does mean that no one is in charge when someone dies. There is no executor to keep safe assets and pay bills and just deal with the day to day personal business needs of a deceased person. And, the inheritance goes to the people designated in the law based on the calculations pre-defined. The inheritance will not necessarily go to the loved ones or charities a deceased person would have chosen.

As a Notary Public I have special insight into people’s lives.  Almost daily clients see me whether for a notarized document or getting a Will made because they have just been through a family event where someone did not have a Will — or there are a lot of family dynamics.  Plainly spoken, not having a Will or an up-to-date Will adds grief on top of grief.

To understand how to talk to your parents helps to look at the common reasons people avoid starting or updating their Will:

1. Perceived lack of assets (i.e. I don’t own anything).
2. Money/cost concerns. See this as discretional spending.
3. “Tempting fate” or can’t or won’t face own mortality.
4. The family already knows what I want to happen. They’ll deal with it.
5. Still thinking about what to put in the Will.
6. “I’ll do it when I need to”.
7. Procrastination or putting it off to later.
8. Family structure – estrangement, complicated dynamics, does not want to upset a family member or choose between different kids for roles.
9. Not wanting to discuss personal matters with a family member or a legal professional.
10. Don’t care.

You might be surprised at the real reasons Wills are avoided.  Yes, some of the above are very true factors, but often people don’t know who to trust to talk about their Will or how to get started.  For adult children who want to approach the topic with aging parents I recommend to ease into it. Often I’ll suggest that they start of by talking about updating their own documents and this gives a perfect opportunity to bring up the subject of parents Wills.

Some basic questions you want to have answered are:

• Do you have a Will?
• Is it up-to-date?
• Have you done any other personal planning documents?

The single best reason to encourage parents to make a Will is to avoid leaving a big mess for family and loved ones.  The second-best reason is that you can make the Will you want and leave assets to the people you want.

Some guidelines to follow when talking to your parents about making their Will:

1. Before anything else, emphasize that you’re coming from a practical place + love and respect explain that you want to have this conversation because you care about your parent and want to ensure their wishes are followed. This can aid in establishing a sense of trust and open communication from the start.

 

2. Start with talking about the Will only. Powers of Attorney are a natural part of the discussion, but don’t overwhelm the topic. Focus on one thing first and make it the goal. Once the Will is sorted out or done and signed, then bring up the other documents. If you’re lucky, your parents will bring these documents up themselves!

 

3. You will want to gather some information such as if there is a preexisting Will, and how long it has been since the last update. There are certain life changes that dictate whether a Will should be updated such as the birth of a child, a divorce, a death, a change in finances, a shift in family dynamic, along with other things. You’ll want to assess what stage in the process your parents are at and if they haven’t started or updated their Will in a while.

 

4. If you can, make it a collaborative conversation. Try and include members of the immediate family in talking about it – this will help reduce the likelihood of a disgruntled beneficiary or squabble later and ensure everyone is on the same page.

 

5. Talk about the roles and make sure everyone understands the responsibility being taken on. Who will take on the role of Executor or Alternate Executor? It’s important that those stepping into these roles are made aware of legal and financial responsibilities.

 

6. Introduce your parent to your notary or other trusted legal professional who has established practice in wills and estate planning. Most professionals will grant a consult or initial meeting – especially if a person is nervous or not sure how to start. This relationship matters – the notary can guide them through what to expect in the process and help alleviate concerns or answer long lingering questions. Some legal firms provide an estate-planning intake form or will questionnaire that starts the preparation for preplanning and fact-gathering.

 

As a Notary Public, I know that this can be an intimidating process for some people. My goal is to ensure people are comfortable creating a Will that they want. We have created a Will Questionnaire as a starting point for my clients in an effort to streamline and simplify the Will-making process.

 

 

THE FINE PRINT OF STRATA INSURANCE & STRATA CONTENTS AND IMPROVEMENTS –

During Spring 2020 various issues around strata insurance such as gross increases in deductibles surfaced to the forefront of the media. If you didn’t understand insurance policies much before, it is my hope to help you to understand why this strata insurance issue really matters, and that you can reduce your anxiety and risk with a little education and action. Let me start that education by stating emphatically that the fine print matters!!

There are two types of insurance policies that relate to the strata. The first is strata building insurance – in which payment is covered in monthly strata fees. I call this the ‘bricks and mortar’ insurance policy. This policy is already held by the strata corporation and covers the overall structure of the building, common and limited common areas. Selection of the broker and underwriter is the responsibility of the strata corporation on behalf of all the individual strata unit owners and is only updated from time to time. These bricks and mortar policies include a specific level of finishing, including the general finishing of specific units. In practical terms – there is no specific control over this bricks and mortar policy by an individual person or strata unit owner, except through involvement, awareness and voting rights. And, as it’s impossible or impractical to update a bricks and mortar policy every time one strata unit owner upgrades a refrigerator, the complementary insurance to that bricks and mortar insurance is the second type of strata insurance — strata contents and improvements insurance (“SCII”). This SCII is the whole responsibility of the strata owner to purchase and maintain annually.

Some people will equate SCII to renter’s insurance, but it is not that simple. Not only does SCII cover contents such as furniture, appliances, clothing, computer equipment and such – it covers improvements and upgrades (renovations) to the unit. For example, your unit might have been improved with 24 carat gold-flecked hardwood flooring, gold plated faucets and gold-plated toilet seats (to emphasize the point!). These improvements would be reflected in either the price you are paying or the increased value to the property after upgrades and improvements. It is these improvements that are important to accurately assess for financial value in consultation with your insurance broker when obtaining SCII or increasing policy coverage. The strata building insurance, which payment is covered in monthly strata fees, will not cover your personal property in your unit or the value of the improvements that have been made to the unit. The building coverage will ONLY cover to the basic standard defined in the strata building insurance policy, whereas SCII takes you to the ‘gold’ standard.

While the financial compensation of a payout of a SCII policy makes sense, it is important for borrowers to remember this improvements insurance is mandated by mortgage lenders in the fine print to have and keep in place for the length a mortgage exists. A borrower cannot let the policy lapse. From the lender perspective, when a catastrophic or big dollar insurance claim occurs, the unit will be put back to the same quality of finishing as prior the triggering event (i.e. flood, fire, etc.) using compensation via the insurance policy in place. To some extent, current strata owners with SCII in place are covered in getting their home back to the same standard, however strata owners who choose to disregard SCII are definitely not. In the evolving new insurance culture with shifts to ‘who pays what’ in a strata insurance claim, the root of new problems for strata owners begins.

The biggest issue in the strata insurance coverages lays in interplay between the strata building insurance coverage and the SCII. Strata corporations are now seeing increased dollar value to bricks and mortars deductibles in the fine print of insurance policies (ie. for a water sewage back up). This deductible is the responsibility of the strata corporation to pay out first, and then the strata building insurance (or a combination with SCII) coverage kicks in. Essentially, for a policy with deductible of $100,000, insurance coverage will only apply to the dollar value above the $100,000. The real kicker here is that strata corporations are now starting to place the burden of the strata building insurance coverage deductible or repairs onto the individual strata homeowner for the unit damage. Reviewing strata meeting minutes (for new purchasers) or keeping abreast of changes to strata by-laws (current owners) becomes essential to assess personal risk exposure.

A client of mine recently experienced the strata owner’s nightmare:

A strata unit was sold in Greater Victoria with a set completion date in August. Five days before the sale was to go through, damage from a water back up was discovered in the unit. The unit had been vacant for two months and it is not known when the water had backed up into the unit. It is likely damage was made worse due to the lapse of time with water sitting on hardwood floor and seeping into the kitchen cabinetry. Cost of repairing the damage was estimated at up to $80,000. The owner asserted that the blockage of the pipes couldn’t have come from her unit because no one had been living in it for 2 months prior, however the Strata Corporation asserted that the first $100,000 deductible was the responsibility of the strata owner, and not that of the Strata Corporation. After that it was uncertain who or which insurance would pay. If any.
In this scenario, the client did not hold any SCII. Like many, she expected that the strata building insurance would cover the cost of repairs for pipe blockages in the building. Even if the SCII was in place, it is not a guarantee that the SCII policy owner (strata owner) would receive adequate compensation in a claim. In reference to my earlier point, it really depends on the fine print of the SCII policy.

From my own experience, I know the value of having the improvements insurance in place because I once had a $40,000 flood in my duplex strata. Damages were in part covered by the strata bricks and mortar insurance, but mostly through the contents and improvements insurance. However, my client’s scenario illustrates the real risk to strata homeowners when none or inadequate insurance is in place. From this we should all be taking action to avoid the unexpected financial consequences of an insurance claim. Understanding the foundational aspects of strata insurances and the potential issues means it can be corrected.

Key Takeaways for Strata Owners:
1. The financial burden of fixing property damage may be placed on specific strata owners, even if the damage (or some of the damage) may be covered under an insurance policy.
2. You may be responsible for some or all deductible/damage costs even if you did not cause the damage in your unit (i.e. your neighbours three floors higher are throwing sanitary wipes or hypodermic needles down their toilets).
3. You may be responsible for costs to repair any and all damages in your unit.
4. If not responsible for all costs associated with fixing damages, you may be responsible for some.
5. You may not have the financial resources to correct the damages or return the unit to its previous finished quality.
6. You may be placed in a position to litigate to recover your costs.
7. You may have a legal obligation in your mortgage contract to make sure you have correct level of coverage.

However, let’s be clear here – THERE IS A FIX! You should consult with your insurance broker about your unique scenario.

Existing SCII policy holders:
1. Check your current policy for adequate coverage on any owner deductibles to limit that you may bear in the event the strata unit or building has an insurance claim.
2. Check to make sure your current policy has adequate improvements financial coverage to return your strata to the ‘gold’ standard.
3. Review the bricks and mortars policy coverages.

New SCII policy holders:
1. Get a SCII policy with correct coverages and deductibles.
2. Ask for these coverages – in writing
3. Upon receipt review your policy to make sure you see the coverages requested.
4. You should also satisfy yourself regarding the correct insurance for strata contents and improvements with respect to your specific strata unit
5. Updating in the future for potential improvements.
6. If buying, review the bricks and mortars policy coverages to understand what is covered, what are the deductibles, and if there any gaps in coverage.

Although BC Notaries do about 75% of all real estate deals in the province, we are in no way involved in the negotiation and understanding of the specific terms of your insurance coverage – we never see your property or review insurance policies. However, as a representative of the lender we are required to provide an insurance binder with proof that each of the two types of strata insurance are in place. The burden of getting the strata contents and improvements insurance in place with correct coverage, and understanding the implications for financial consequences of both insurances in the event of a claim is the sole responsibility of purchaser or homeowner.

You should satisfy yourself regarding the strata’s insurance policy, including the strata’s ability to obtain renewals for future policies for the building. You should also review the strata policy deductible amounts or any matters relevant to the coverage of the overall structure and property. Generally insurance investigations should be done as a subject condition before the contract becomes binding – or, in other words, make it a condition, and properly review it before you remove the conditions. Notaries Public in B.C. represent for legal real estate conveyance work and we are not involved in pre-binding contract terms, conditions or negotiations. Our involvement relates to the contract after it is in binding (firm).