Permanent Surrender of Licence

NOTICE OF PERMANENT SURRENDER OF LICENCE

Gordana Askraba

Gordana Askraba, currently unlicensed, while licensed as a representative with Colyvan Pacific Real Estate Management Services Ltd., Vancouver, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against her as she had decided to permanently surrender her real estate licence. Ms. Askraba was facing a disciplinary hearing into her professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations.

The allegations against Ms. Askraba in the Notice of Discipline Hearing are that she:

• contravened section 7(3)(b) of the Real Estate Services Act by accepting remuneration in relation to real estate services directly from a strata corporation (the Strata) rather than from the brokerage;
• contravened section 3-2(2) of the Council Rules by failing to keep her managing broker informed of the real estate services and other activities being performed by her on behalf of the brokerage, in that she entered into a separate contract with the Strata outside of the brokerage;
• contravened section 3-3(1)(c) of the Council Rules, by failing to act only within the scope of the authority given by the Strata when she permitted quarterly payments of $1,500 to $2,500 from the Strata trust account to her spouse without proper authorization from the Strata;
• contravened section 3-3(1)(f) of the Council Rules by failing to disclose to the Strata all known material information respecting the real estate services being provided to the Strata, in that she did not provide a copy of the strata management agreement addendum "Schedule A" to the Strata Council, except to the Strata's treasurer, when the Strata annual budget was adopted by the owners at the 2006 Annual General Meeting;
• contravened section 3-3(1)(f) of the Council Rules by failing to disclose to the Strata all known material information respecting the real estate services being provided to the Strata, in that she did not provide a copy of the strata management agreement addendum "Schedule B" to the Strata Council, except to the Strata's treasurer; and
• contravened section 3-4 of the Council Rules, in that on April 1, 2013, she had a strata management services addendum "Schedule B" signed and authorized for an increase of management fees retroactive to January 1, 2013 when the increase of the management fees was not disclosed at the Strata's 2013 Annual General Meeting.

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

The Council was satisfied that, in the circumstances of this case, permanent surrender of Ms. Askraba's licence in lieu of proceeding with disciplinary action was appropriate. The permanent surrender of Ms. Askraba's licence was effective as of January 25, 2016, although her licence was surrendered to the Real Estate Council on August 11, 2015.