Monday, March 7, 2016

John Eric POLLABAUER is Counsel to the law firm ANDRE-GUY SAVOIE P.C. INC. which is listed in Who's Who Legal as being one of Canada's preeminent real estate law firms

See John Eric's BIO at   https:// about.me/jpbauer

New Brunswick Property Tax Assessment Search - Propertize.ca

New Brunswick Property Tax Assessment Search - Propertize.ca: View and compare property tax assessment information for properties located in New Brunswick.

Friday, March 4, 2016

Development Planning Commissions are strictly focused on maximizing and extracting as many benefits possible for their community

TITLE OF POST -  Development Planning Commissions are strictly focused on maximizing and extracting as many "Green" benefits as possible  for their community

I have been a lawyer practicing real estate law in New Brunswick for over thirty (30) years, and  I have seen a  noticeable change in the way Development Planning Officers interact with Developers in the last  5 - 7  years, some changes good and some not so good changes.

 From the good side, Development Planners are more knowledgeable and better trained to keep up with the needs of the building and construction  industries which have embraced technology to keep up with the fast pace of change and competition in the business and residential marketplace. The creation of Professional Associations for people working in the Municipal Planning  and Development areas has  most certainly elevated both the level of general knowledge as well as special areas of expertise being shared among its members, leading to a more informed group of planners.

From the bad side, it seems, and this is speaking solely from my vantage point,  as though senior planners in the planning departments are being dictated / ordered by their political masters, namely the Municipal Councillors for the communities they work for, to ensure development projects are being carried out with much more "Green" attributes and initiatives, with little or no consideration be given to the  huge costs associated with same.  So what is wrong with that, you say?

The costs of real estate developing are increasing at rates faster than the consumers can or are willing to pay for  and that doesn't bode well  for  real estate developers, who operate business with a view of making a profit  and remaining profitable for the foreseeable future. I think it is fair to say that municipal councils  are instructing their municipal planning development officers ( and often on a micro-management basis)  to incorporate more and  more "Greening" and environmental friendly initiatives  in the new residential and commercial development projects seeking approval, thereby substantially increasing  the costs of the developer.   It used to be municipal planning officials would use persuasion, friendly suggestions  and encouragement  to have developers incorporate new "Green" initiatives  into their real estate development projects, Now, developers are being told that their development projects will not be approved without x, y and z being done.  In effect, they are being ordered to do additional "Green" development work,  failing which their development projects will be refused their  Construction/Building Permit to proceed.

A City's Municipal Plan  and  Subdivision By-Law  sets out the rules and guidelines on any real estate development taking place in their respective communities,   In recent years, what I  and my developer clients find most dissheartening  is the  extreme and hard line positions now being taken by planning staff and  the senior planner's unwillingness and refusal to negotiate and discuss  a  fair and reasonable solution  to a development project requirement, without breaking the bank.

Personally, I feel this attitude stems from  the degree of micro managing that appears to take place between the municipality's politicians and the municipality's  senior development planners during the approval process of  a particular development project(s).

Where are we at now?  The economy has somewhat weakened  in the winter of 2016,  and developers have naturally scaled back their 2016 development plans accordingly,  however, when the economy strengthens, and good times are back again,  it will certainly  be interesting to see how many developers will be moving ahead with new development projects anytime soon. Yes, only time will tell.

Wednesday, January 20, 2016

John Eric POLLABAUER works with Andre-Guy SAVOIE  in their boutique law practice in Dieppe, NB. See my Bio at   about.me/jpbauer

Saturday, August 1, 2015

A very simple yet important rule: Don't jerk people around!

I picked up up the following commentary from Seth Godin, who is a remarkable person as well as a genius marketing guru:

Yes!, please and thank you

Don't jerk people around

Here's a simple marketing strategy for a smaller company trying to compete in a big-company world: Choose your customers, trust them, treat them well.

Say yes.

Bend the rules.

Show up on time.

Keep your promises.

Don't exert power merely because you can.

Be human, be kind, pay attention, smile.

Not everyone deserves this sort of treatment, not everyone will do their part to be the kind of customer you can delight and serve. But that's okay, you don't need everyone.

When in doubt, be the anti-airline.

Wednesday, July 29, 2015

The landlord’s only alleged crime was leasing space to a medical marijuana tenant

The landlord’s only alleged crime was leasing space to a medical marijuana tenant

There is an interesting legal development going on in Colorado, U.S.A. As most people know, the Federal Laws of the United States are zero tolerance for drugs, however, a few states, including Colorado have state laws permitting  both the sale and  personal use of  marijuana. An anti-crime group called Safe Streets Alliance and a hotel operator sued a landlord (and others) under the  Federal RICO statute for engaging in a criminal enterprise.  As far as I know, the landlord’s only crime was leasing space to a medical marijuana tenant near the hotel.  I have checked on the case occasionally and it seems to be going well for the plaintiffs.