Sandra Elaine Riishede, Achieve Properties Ltd., Mill Bay

 

Respondent:     SANDRA ELAINE RIISHEDE
                                                 ACHIEVE PROPERTIES LTD.

File:   08-346

Date of Consent Order:   January 28, 2011                    

Issue: Achieve Properties Ltd., Mill Bay, entered into a Consent Order with the Council in which it consented to an Order that it committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that it: (a) failed to act in the best interests of the strata corporation in that during the period January 2006 to September 2008, it authorized the issuance of cheques from the operating account, which put the operating account into a negative balance and resulted in the bank automatically transferring money from the strata corporation ’s CRF to the operating account and also resulted in overdraft charges, contrary to section 3-3(1)(a) of the Council Rules; (b) failed to act in the best interests of the strata corporation in that it failed to pay water and sewer invoices due in 2008 from the Capital Regional District, resulting in a fine and late charges to the strata corporation, contrary to section 3-3(1)(a) of the Council Rules; (c) failed to act in the best interests of the strata corporation in that it issued Form Bs for Unit 204 and 207 showing that the owner did not owe funds when in fact amounts were due and owing to the strata corporation by each of the owners of Unit 204 and Unit 207, contrary to section 3-3(1)(a) of the Council Rules; and (d) failed to act within the scope of authority given by the strata corporation or failed to have a written service agreement in accordance with section 5-1 of the Council Rules, in that it continued to deposit strata fees on behalf of the strata corporation for December 2008 and January 2009 after the termination of the management contract on December 1, 2008, contrary to one or more than one of section 3-3(1)(c) and 5-1(1)(c) of the Council Rules.   

Issue: Sandra Elaine Riishede, managing broker, Achieve Properties Ltd., Mill Bay, entered into a Consent Order with the Council in which she consented to an order that she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that she: (a) failed to properly perform the duties of the brokerage, failed to ensure that the business of the brokegage was carried out in accordance with the Act and Council Rules, failed to act in the best interests of the strata corporation or failed to exercise reasonable care and skill, in that during the period of January 2006 to September 2008, she authorized the issuance of cheques or authorized the brokerage to issue cheques from the operating account, which put the operating account into a negative balance and resulted in the bank automatically transferring money from the strata corporation ’s CRF to the operating account and also resulted in overdraft charges, contrary to one or more than one of section 6(2) of the Real Estate Services Act, sections 3-1(1)(b), 3-3(1)(a) and 3-4 of the Council Rules; (b) failed to act in the best interests of the strata corporation or failed to exercise reasonable care and skill, in that she failed to pay or caused the brokerage to fail to pay water and sewer invoices due in 2008 from the Capital Regional District, resulting in a fine and late charges to the strata corporation, contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules; (c) failed to act in the best interests of the strata corporation or failed to use reasonable care and skill, in that she issued or caused the brokerage to issue Form Bs for Unit 204 and Unit 207 showing that the owner did not owe funds to the strata corporation when in fact amounts were due and owing to the strata corporation by each of the owners of Unit 204 and Unit 207, contrary to one or more than one of sections 3-3(1)(a) and 3-4 of the Council Rules; and (d) failed to properly perform the duties of the brokerage, failed to ensure that the business of the brokerage was carried out in accordance with the Act and Council Rules or failed to act within the scope of authority given by the strata corporation, in that she continued to deposit or caused the brokerage to continue to deposit strata fees on behalf of the strata corporation for December 2008 and January 2009 after the termination of the management contract on December 1, 2008, contrary to one or more than one of section 6-2 of the Real Estate Services Act, sections 3-1(1)(b) and 3-3(1)(c) of the Council Rules.   

Result: Achieve Properties Ltd. was reprimanded.     

Result: Sandra Elaine Riishede was reprimanded and ordered to successfully complete the Trading Services Remedial Education Course.  

Result: Further, Achieve Properties Ltd. and Sandra Elaine Riishede were ordered to be jointly and severally liable to pay a discipline penalty to the Council in the amount of $2,000.00 and jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,000.00.  

P: Feb 23, 2011 R:   Feb 23, 2012