Tuesday, August 24th, 2010
I was working on something to do with life lease the other day and googled an article by an Ontario lawyer named John Clark. The article is called Life Lease Residential Housing: Is it Time for Legislation? So far Manitoba is the only province that has enacted legislation dealing with life leases, although other provinces have thought about it and two (BC and Ontario) have had a public consultation processes. Nothing happened in either province as a result of the consultation and it seems unlikely that anything will, at least for the foreseeable future.
The conclusion of the Clark article is that yes, legislation would be a good thing, notwithstanding the concern of many in the industry that legislation might be too restrictive—might harm the innovative and flexible approach to life leases that is now the operational context. And in fact I have talked to knowledgeable people in Manitoba who say that that is exactly what happened in that province—innovation and creativity were stifled as a result of the legislation.
Mr. Clark supports legislation for the consumer protection elements it would presumably provide, specifically in relation to the safety of purchaser deposits, financial and management disclosure, construction insurance, the freedom to register a life lease interest at land titles, and the freedom to sublet.
In BC, these consumer protection mechanisms already exist, not through specific life lease legislation but through the Real Estate Development Marketing Act.
Mr. Clark also muses that perhaps life lease development ought to be restricted to the not-for-profit sector and that governments might want to think about assisting the life lease development process in some way—via loan guarantees and incentives for developers and residents for example—because that would be a relatively inexpensive way for governments to contribute to the development of affordable housing.
In all provinces, except Alberta, life lease has evolved as a creature of the not-for-profit sector. There are very few for-profit life leases, mostly because for-profit developers prefer to get in and out as fast as possible. For-profit life leases operate primarily in the service-enriched market.
We will be posting more about life leases in the weeks to come. It is a particular passion of Lumina’s.
Tags: Aging, Aging in place, Housing Development, Housing Market, Housing Options, Life Lease, Retirement, Seniors' Housing
Posted in Future, Life Lease, Seniors' Housing | Comments Off
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