Katelynn Tomalty
Real Estate Development and Property Lawyer
Katelynn is currently on leave and is not accepting new matters. Please contact our Invermere office at 250-342-6904 or reception@columbialegal.ca for assistance with a real estate or development matter.
Katelynn Tomalty is a real estate lawyer with Columbia Valley Law Corporation in Invermere. Her practice is transactional and advisory, with a particular focus on real estate development and compliance with British Columbia’s Real Estate Development Marketing Act (“REDMA”).
Katelynn advises developers, builders, property owners, buyers and sellers on residential and commercial real estate matters. She helps clients understand the legal requirements affecting a project, structure and document transactions, and move development work from initial planning toward sale and completion.
Within the firm, Katelynn is our real estate development expert and resident REDMA guru.
Real Estate Development
Real estate development involves much more than buying land and constructing buildings. Ownership structures, title conditions, financing requirements, municipal approvals, servicing arrangements, disclosure obligations and the proposed form of sale must work together.
Katelynn assists clients in identifying and addressing these interconnected legal requirements. Her development practice includes advising on the acquisition and disposition of development property, subdivisions, strata developments, phased projects, development agreements, easements, covenants, statutory rights of way and other interests affecting title.
She works with clients and their other professional advisers to ensure that the legal documentation supports the practical structure of the development. Depending on the project, this may involve coordinating with surveyors, planners, architects, engineers, lenders, accountants, real estate professionals, local governments and the Land Title Office.
Katelynn’s objective is to identify legal and title issues early, establish a workable structure and help prevent avoidable problems from emerging late in the project.
REDMA Disclosure and Compliance
British Columbia’s Real Estate Development Marketing Act regulates the marketing and sale of development units before construction and title arrangements are complete. Developers must understand whether REDMA applies, what disclosure is required and when new information requires an amendment or other action.
Katelynn advises developers on REDMA requirements and the preparation and amendment of disclosure statements. She helps clients assess the proposed development and marketing structure, identify material facts requiring disclosure, and coordinate the information received from the project’s professional and financial advisers.
Her REDMA work may include:
- determining how REDMA applies to a proposed development;
- preparing and filing disclosure statements;
- preparing amendments to disclosure statements;
- advising on material changes and continuing disclosure obligations;
- reviewing proposed marketing and sale arrangements;
- coordinating disclosure with development contracts and project documentation;
- advising on deposits and applicable trust arrangements; and
- assisting with the transition from pre-sales to completion.
REDMA compliance is not a one-time filing exercise. A development may change as approvals, financing, construction and completion progress. Katelynn helps clients maintain accurate disclosure and understand when changing circumstances require an amendment or further advice.
Strata and Subdivision Development
Katelynn assists with the legal structure and implementation of strata and subdivision projects. Depending on the development, this may include conventional strata plans, bare land strata developments, phased strata projects and fee-simple subdivisions.
These projects require careful attention to title, access, common property, shared services, easements, covenants, cost-sharing arrangements and the documents that will govern the completed development. Katelynn helps clients consider how the property will function after completion—not merely how it will be approved or marketed.
Clear documentation at the development stage can reduce uncertainty for the developer, purchasers and future property owners.
Residential and Commercial Real Estate
In addition to her development practice, Katelynn advises on residential and commercial real estate transactions. She assists clients with purchases, sales, financing, title matters and the preparation or review of transaction documents.
Real estate transactions often represent a substantial financial commitment. Katelynn explains the legal effect of the documents, identifies issues affecting title or closing, and coordinates with the other participants to move the transaction toward completion.
Her development experience is particularly useful when a transaction involves vacant land, newly constructed property, development potential, unusual title conditions or property being acquired for a larger project.
A Practical Development Perspective
Katelynn’s role is to help clients translate a development concept into a legally workable project. She combines careful attention to technical requirements with an understanding that development decisions must also be commercially practical.
She provides clear advice about legal requirements, identifies issues requiring input from another professional and helps coordinate the documents and information needed to keep a project moving. Her approach is organized, detail-oriented and focused on resolving issues before they become expensive obstacles.
Katelynn grew up in Ontario and now calls Invermere home. Outside the office, she plays soccer, practises judo and pursues near-world-championship form on the disc golf course. Whenever the weather cooperates, she can usually be found throwing discs at distant metal baskets.