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REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

  S.B.C. 2004 ch. 42

NOTICE OF PERMANENT SURRENDER OF LICENCE

 

Paul Edward Yorke, while licensed as a representative with Homelife Glenayre Realty Chilliwack Ltd., Chilliwack, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against him as he had decided to permanently surrender his licence due to his retirement from real estate practice. Mr. Yorke was facing a disciplinary hearing into his professional conduct and would have been required to appear before a Discipline Hearing Committee of the Real Estate Council to respond to these allegations.

The allegations against Mr. Yorke in the Notice of Discipline Hearing are:

The Discipline Hearing Committee will consider whether Paul Edward Yorke, in the provision of strata management services for Strata Plan EPS XXX (the “Strata Corporation”):

(a) contravened section 3-3(1)(c), now section 3-3(c), of the Council Rules in that he permitted reimbursement to the developer for insurance costs that were paid for by the developer on behalf of the Strata Corporation by way of “in-lieu contras” for the developer’s strata fees that were owed to the Strata Corporation, without the authority given by the Strata Corporation;

(b) contravened section 3-3(1)(c), now section 3-3(c), of the Council Rules in that he charged individual owners collection fees associated with nonpayment of strata fees, by the owner, an NSF fee for cheques that were dishonored, and a lien administration for the placing of a lien on the strata lot of individual owners, without the authority of the Strata Corporation in the written service agreement;

(c) contravened section 3-3(1)(b), now section 3-3(b), of the Council Rules in that, after receiving instructions from the Strata Corporation to mail out a document entitled “general strata information” to all owners on or about April 21, 2010, he did not mail out the document until the developer had given the document his approval; and

(d) contravened section 3-4 of the Council Rules in that he provided strata management services to the developer from approximately January 2010 to on or about March 30, 2010 without an executed written services agreement in accordance with section 5-1(1)(c) of the Council Rules.

There has been no discipline hearing or finding of fact with respect to these allegations, and no admissions to these allegations by Mr. Yorke.

Considering the fact that there is likely no greater disciplinary sanction than not being licensed to act again, the Real Estate Council agreed with Mr. Yorke’s request. The lifetime ban on Mr. Yorke’s licensing under the Real Estate Services Act was effective as of July 21, 2014, although he surrendered his licence to the Real Estate Council on February 25, 2013.

 

P: August 25, 2014 R: No