Consent Order

Tanya Lillian Piekarski, while licensed as managing broker with Mountain Peaks Resort Realty Inc., Whistler, failed to be actively engaged in the management of the brokerage. She permitted an unlicensed entity to continue to hold and manage the trust accounts for a strata corporation from approximately 2006 to 2011. Ms. Piekarski's actions were contrary to sections 6(2) of the Real Estate Services Act and 3-3(1)(a) of the Council Rules.

Ms. Piekarski failed to ensure that the brokerage had a proper strata management service agreement and that all amendments or additions to the terms of that agreement were in writing. These actions were contrary to section 5-1(1)(c) of the Council Rules.

Ms. Piekarski failed to maintain one or more interest bearing trust accounts for the residential section of the strata from 2006 to 2011. She failed to have the strata bank account designated as a trust account in the brokerage's records and in the records of the savings institution holding the account. These actions were contrary to sections 26(1) and 26(2) of the Real Estate Services Act.

Ms. Piekarski failed to promptly deliver to the brokerage all money held or received from, for or behalf of a principal in relation to real estate services, and failed to promptly pay all money held or received from, for or on behalf of a principal in relation to real estate services, into a brokerage trust account. These actions were contrary to 27(1)(a) and 27(2)(a) of the Real Estate Services Act.

Results

A discipline committee of the Council has ordered the following:

1. Tanya Lillian Piekarski is reprimanded.
2. She must pay a discipline penalty of $2,500.00 to the Council.
3. At her own expense, she must successfully complete the Real Estate Trading Services Remedial Education Course.
4. She must pay enforcement expenses of $1,250.00 to the Council.