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editor
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Joined: 01 Dec 2003
Posts: 878
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 Posted: Tue Mar 25, 2008 8:26 pm Post subject: HELP! How can I stop a strata bully? |
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| Quote: | Editor's Note about strata bullying - it's epidemic!
Just a quick note to say thank-you again to all of our visitors for writing. Your e-mails forced us (FINALLY!) to do some gap analysis and what we realized is this: Most of the messages we receive have to do in one way or another with bullying - and no one's immune, it seems. We know of a former captain of industry who was literally bullied off his strata council, an 80-year-old senior whose next door neighbour assailed her and their strata council night and day with an endless stream of nasty notes and complaints, a bigshot accountant whose neighbors on council have made her feel like a social pariah for demanding nothing more than a perfectly reasonable repair to which she is rightfully entitled. Bullying is epidemic in stratas and, thanks to you, we've identified it as an issue ripe for statutory reform.
We also got off the dime and compiled a piece on how to find a good condo lawyer. Hope it helps! If it doesn't, let us know and we'll try again. We live to serve.
More on a few recent proposals for condo statutory reform and how you can add your two cents.
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Part I:
Help! How can I stop our strata council president from bullying owners?
| Quote: | From: Ehrle Stanley
To: editor@bccondos.ca
Sent: Saturday, March 22, 2008 4:43 PM
Subject: re: HELP! How can I stop our strata bully?
Hello,
I am in desperate need of your help in regards to a nosy, officious, and overbearing strata council president!!!!
(*I cannot find the link to register, and have been reading the bccondos forums post in an effort to solve my problem.)
We have recently moved into an 8-unit small condo. However, the recently-appointed strata council president, Stark Naked, who lives above me, has been sending written notices of countless strata infractions and continually making my life stressful.
In the course of researching the minutes of the last two years, I noticed that the past council had problems with countless suggestions, questions and abuse of council by Stark before she was elected. To make a very long story short, there have been more than four council members who preferred to vacate the complex, leaving Stark as president.
She has harassed me on many fronts, and I am getting quite fed up. It also seems the other owners are either too new or too scared to really stand up to her.
1. After receiving a complaint from tenants below, she sent me two letters regarding the noise level after changing my carpet to hardwood. She also said that she feels vibrations all the time from me although she is above me. She said that I would have to get area rugs. Is she allowed to enforce this proposition? I have talked to my neighbors below, who have confirmed that the noise has significantly decreased.
2. In an upcoming police and caulking inspection, she has informed me she will also be checking the area rugs in my unit and asked if I would be home. If not, she would enter with a key she has to my apartment. She obtained this key because it is the same key to my balcony, which is limited commons. She said the council needs it to have access to the limited common property when the owner is not home. Is this true? Does council need a key to the limited commons property? And is she allowed to enter my house at all to check on floor rugs? Don’t I have any right to privacy, not to allow her in?
3. Recently, the third council member, who also lives below, quit. He said it was useless for him to be on council because Ms. Nakedcontrols everything anyways. Is the council allowed to have only two members?
4. When I expressed interest in joining the council at the AGM a month ago, Stark had prepared a “rebuttal” to this and read it aloud in front of everybody. She said I was a rebel and didn’t follow rules or orders (I left my bicycle in the rear balcony, but moved it when she called me. Each of the infringements I fixed promptly when told). She basically denied me the right to join the council even when another member agreed I should. The others, I fear, were too afraid to speak against her.
As the inspection is coming up this Monday, and she left me a voicemail asking if I would be home, otherwise she would be entering my apartment with the key, what should I do? How can I get the key returned and tell her to back away without incurring more verbal and written wrath from her?
I can’t wait for your response!
Thanks!
Regards,
Ehrle Stanley |
Our reply:
| Quote: | From: editor
To: Ehrle Stanley
Cc: editor
Sent: Tuesday, March 25, 2008 2:11 PM
Subject: Re: HELP!!! bc condos registration and problem with overbearing and nosy strata council member
Hello JC,
*No need to register. Unfortunately, we were forced to turn off that feature when SPAMMERS attacked. No worries. We got your message loud and clear.
Several of the problems you describe are beyond the scope of mere property law. You would be well advised to contact police ASAP to discuss council president's actions, including the endless flurry of e-mails over questionable strata infractions and threats to enter your premises without your presence or consent, which may constitute criminal harassment. Explain to police that you have become fearful of this person.
Instruction Guide #18 What to Know about Limited Common Property states:
Access to LCP and Common Property with a Short Term Exclusive Use Arrangement
To enable the strata corporation to exercise its powers and perform its duties an owner or tenant must allow the strata corporation reasonable access to LCP or to common property or a common asset that is subject to a short term exclusive use agreement.
Nevertheless, it's more than questionable whether a threat to enter your property without your presence or consent would be considered "reasonable access" - especially when the purpose of entry is to ascertain whether you have acquired carpeting, which may or may not be legally required, depending on your strata corporation's bylaws. Some stratas require carpeting; others may not. If not, strata has no right to enter. If police are unable to thwart president's entry, slip a one-page note under all eight doors advising strata council that in reply to president's demand to enter and inspect your premises for carpeting, you are currently seeking legal advice regarding such access and that absent emergency, until an opinion has been rendered, you trust such access will be barred. That ought to cool president's jets for awhile.
Indeed you might wish to consult atty to review your strata's bylaws regarding carpeting, who has access to your balcony and under what conditions and, perhaps most important, the correct procedures, including notice and writing requirements, required at law by strata councils when issuing complaints against owners. Complaints must state clearly the legal premise on which each is based and owners must be given reasonable opportunity to respond.
Happily, while this may sound onerous, it shouldn't be too hard to vote out strata president. See Instruction Guide #4, The Role and Responsibilities of the Strata Council, which states helpfully:
Strata Council Terms and Early Removal from Term
The following provisions dealing with strata council terms and the early removal from a term are set out in the Standard Bylaws:
· a current strata council term ends and a new strata council term begins at the end of every annual general meeting in which the new strata council is elected;
· a strata council member can be removed, with or without cause, by a majority vote of the owners at a general meeting, and the owners must then elect a replacement strata council member; and
· if a strata council member is unwilling or unable to perform his or her duties for two months or longer, he or she can be replaced by a new strata council member to be appointed by the existing members of strata council. The new strata council member will hold the seat for the remainder of the replaced member’s term.
Note that you do not even need a reason to remove an unwanted strata official. Note also that you are free to elect additional strata members to office as an eight-unit corporation, depending on your bylaws.
Election of Strata Council
The strata council is elected every year at the annual general meeting.
The number of persons on the strata council is determined by the bylaws.
The number of strata council members set out in the Standard Bylaws is between three and seven members. However, if there are fewer than four lots or four owners, then all owners are required to sit on the strata council.
Note that even if your strata currently explicitly restricts the number of strata council officers to two, with 25 per cent of owners' support, you can request a special meeting to amend that bylaw as you and the majority see fit.
Again, among the problems you describe, we are most concerned about those that suggest criminal behavior. You would be well advised to consult police ASAP.
Hope that helps. Please let us know how you're doing and, of course, if you have any more questions.
Thanks for writing,
Ed. |
Link to this entry
http://bccondos.ca/forums/viewtopic.php?p=1256#1256
Last edited by editor on Tue Jan 06, 2009 11:11 am; edited 10 times in total |
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editor
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| Posted: Wed Mar 26, 2008 6:50 pm Post subject: |
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How to stop a condo bully - Part II:
'... but I still feel reluctant to involve police in a strata issue'
| Quote: | Note: Our reply here is in bold type, interspersed with the visitor's message.
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| Quote: | From: editor
To: Ehrle Stanley
Cc: editor
Sent: Wednesday, March 26, 2008 11:11 AM
Subject: Condo bully - Part II
Hiya,
Replies are contained within e-mail.
Ed.
Hi Ed
I can’t thank you enough for all your help and research. Many of the links you gave me I actually found while researching the guidelines – but it was quite useful to have you explain them to me. I did have some thoughts/questions:
1. Our bylaw states that council should have a minimum of three people. However, in the meeting I was observing, pres Stark Naked said, "If we can’t find a third, we’ll just have to make do." Is she not being selective, in the bylaws she follows?
Yes, that's a breach of the bylaw and especially galling as you disclosed at that meeting that you were fully prepared to stand for office. Strata corporation should act quickly to elect another member. Why not you?
2. Nowhere in the bylaws does it state that we need to have carpet or special flooring. Indeed pres herself has hardwood AND NO AREA RUGS. I constantly hear her footsteps and a variety of other noises. Nevertheless, when I asked her nicely once to please vacuum later than 6:30-7 Saturday mornings, she told me angrily, "No, you can’t dictate the way I live.” Similarly, when I once countered her complaint about my noise with the assertion that I, too, hear her walking and making noise," she replied, "Don’t turn this on me!” So talking is impossible.
Again, if there is no requirement for carpeting, there is no basis for an inspection to determine whether you have any.
Any complaints about noise should be based on a failure to comply with municipal noise bylaws. For example, search Noise Bylaw at the City of Vancouver website for definitions of reasonable noise and the hours reasonable noise is allowed.
Similarly, if there's no clearly stated legal premise for entry to your property, entry is illegal. Period. Of course, police cannot assist in preventing threatened entry unless you alert them. Nor could they assist in the return of your key unless you alert them.
Experience involving a harassed senior in a Kits condo tells us there is nothing quite as effective as a visit from cops to chill a stalker, and the constant attention and intimidation by pres sounds very much like stalking (known in Canada as criminal harassment, Criminal Code s. 264). Even if no charge results, pres activity will very likely cool. Most important, even if no charge is laid THIS TIME, cops are glad to assist and will record the event for future reference. If you have neighbors with similar complaints against pres, bring them along when cops interview you (and, probably separately, pres).
3. Far from “fearful”, I feel “stressed and bullied.” I’m not sure if bringing the police in won't upset the situation more – especially as Stark is in a position to make my life a lot more miserable. All I really want is some PEACE and QUIET from this stress.
Stressed and bullied IS FEAR! Living in dread of an endless barrage of angry claims few of which seem to be based on any tenable legal premise is a nightmare. Be fearless only in your assertion to cops that you live in dread and feel powerless to control the intimidation, which seems to be escalating. Assume the cops have seen this type of situation before and know how to handle it.
Frankly, the real estate scene in Vancouver has been so fraught with derring-do for so many years, it would not surprise anyone here if pres had dubious speculative motives in trying to force you to sell in a hurry. It's a tactic we saw often in Kitsilano in the '70s when realtor-speculators were making a killing flipping houses. A favorite trick was to fill a house next to a desired property owned by seniors with a group of 'hippies' to intimidate owners in all the ways you can imagine. Quite a few of the fences around homes on West. 3rd Avenue, for instance, were erected in response to such campaigns.
You're right that trying to reason with pres is going nowhere. It's time, in our view, to pull out the bigger guns! Again, cops will be pleased to assist.
4. I don’t think kicking her off the council is the answer because she made trouble for the last council, too - faxes every day, a flurry of letters, shouting matches, etc.. Pres Naked's behavior has played a large part in the decision of four families to move and a fifth is looking for a place presently.
Of course it's the answer! Unless you and the majority want the current situation to continue.
5. The recent inspection was to check calking around the bathtubs as mine used to flood. A reasonable enough premise, one would think, yet no qualified inspector arrived - just pres, who told me it's my responsibility to re-calk certain portions she said needed attention. Then she said that earlier in the week, she traced muddy footprints exclusively to my suite, but it couldn't have been me. I was home all day studying. It never seems to let up. ...
All the more reason to use provisions set out in Instruction Guide #4 (previous post) to vote pres out!
I wanted to send you a copy of our bylaws and rules/regulations, but when I phoned pres today to ask for electronic copies, she gave me a hard time saying that I already have a hard copy. She seemed distrusting of my motives. I said I wanted a copy I could search on computer. "No way," she said, "I’m not going to give you those so you can change them.” Huh?
All the more reason to use provisions in IG #4 to vote pres out!
Would you like a copy of the bylaws and rules/regulations? What is the difference between them, anyways?
If you need clarification, take your bylaws and rules/regulations (rules are easier to change than bylaws, basically) to atty to ensure they are all properly executed and in line with the governing statute, the Strata Property Act. Atty might also provide a one- or two-page opinion on any gaps along with a reminder about procedures required by strata council making a complaint against an owner or tenant. You might then have opinion listed on the next mtg agenda as correspondence. You might even call a special mtg to discuss it. Either way you ensure the opinion is recorded along with the reasons for which it was sought. Atty might also write a letter on your behalf to pres to get her to stop hounding you. Of course, a visit from the cops might address the issues more quickly and cost-effectively especially if followed up quickly with a mtg to remove pres AND at the same time fill at least one vacancy on council in accordance with your bylaw, which sets the minimum at three.
So, again, call police then request a special strata mtg to remove pres and appoint at least one new council member!
Do you know any good attorneys who could help me out?
About lawyers (the wrong kind of bar, in the view of many): We make no secret of our jaundiced view of real estate lawyers in this town. The vast number of Continuing Legal Education courses on property law each year would certainly support this view. (We got no less than 240 hits when searched the terms, 'real property residential' March 26/08). And unbelievably, the local law school STILL hardly touches on condo governance! Best advice is to find someone nearby via Law Society of B.C. website, then call two or three to ask the fee for (a) vetting (say how many) bylaws and rules for an eight-unit strata to ensure they are properly executed and so on, (b) preparing for your submission to strata corporation a brief opinion on any gaps noted as well as a reminder on the correct procedure for issuing complaints against owners and tenants and, finally, maybe (c) a threatening letter to pres on your behalf to make the intimidation campaign go south. Letters from attys are often effective, though nothing compares to an interview by cops with perp.
Ed.
Sincerely,
Ehrle |
| Quote: | More on how to find a good condo lawyer.
More about Canada's criminal stalking provisions at helpful but unresponsive Duhaime.org.
According to A Review of Section 264 (Criminal Harassment) of the Criminal Code of Canada, Richard Gill, Alderson-Gill & Associates Consulting Inc., Joan Brockman, Datalex Socio-legal Research and Consulting Ltd., October 1996:
| Quote: | | ... Criminal harassment can take place at work, for reasons unrelated to the above categories. Such harassment may be perpetrated by co-workers (motivated perhaps by jealousy, or racist or sexist attitudes), by clients (unhappy with services or expected benefits), or by those who are protesting the type of work carried out by the worker (anti-abortionists, etc.). Criminal harassment may also occur between bickering neighbours. (emphasis added) Where technology goes, stalkers will follow. More recently, the question of criminal harassment by e-mail has been raised. (footnotes omitted) |
When harassment becomes a hate crime:
| Quote: | Additional Hate Provisions
The courts may define the motivations of hate, bias or prejudice as aggravating factors when sentencing an offender for other offences, such as assault, damage to property, threatening, or harassment. The result is usually a more severe punishment (section 718.2(a)(i)). (From Media Awareness Network. |
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editor
Site Admin
Joined: 01 Dec 2003
Posts: 878
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| Posted: Sat Nov 08, 2008 1:57 pm Post subject: |
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Does excessive noise indicate bullying and/or structural defect behind a major leak last winter?
| Quote: | From: Man Wray
To: <editor>
Sent: Thursday, October 30, 2008 7:53 PM
Subject: Noisy neighbor and a leak
Hi Ed,
Thank you for your time and response. We've lived here for 5 years. Since the woman above us moved in and put in her floor a year ago we have noticed a dramatic increase in the noise we hear. We hear the TV shows she watches, her talking on the phone and she also likes to listen to music very loudly and have parties on the weekend. Granted the loud music is often during the day but it is still loud enough for us to hear the lyrics clearly. Any kind of furniture moving is very loud as is anything that drags on the floor.
At first we tried leaving notes under her door gently reminding her that we all share the space and that noise travels in a wood-frame building. I even suggested she wear headphones if she likes loud music. These communications were ineffective.
Last January I was at home when I heard a bang and then some shouts above. Within minutes, I heard dripping water. I walked towards the source and found water pouring out of picture holes in my wall. I ran upstairs and explained what was happening. She said she had a spill. Later that day, a stain surfaced on my ceiling approximately a foot wide and five feet long. I took photos and put a note under her door and asked for her insurance information. She never responded. We also did the same for our strata. After two weeks with no response, we left msg with property manager, waited another two weeks still nothing. Finally, when we went in person, manager said he would get a restoration company to contact us. Eventually someone came and spray-painted over the stain, which later resurfaced. I re-painted the entire ceiling this summer.
To us the stain appeared symptomatic of our larger complaint, the penetration of water, which, in our view, should not have leaked through that easily and quickly. Is there no insuallation, one wonders? Or is there some problem related to the installation of Noisy's new floors?
We were told Noisy would pay for spray-paint the stain. Is she now punishing us, we wonder? She's certainly upped the noise ante in the interim. She now stomps around a lot more. Twice we have been awakened in the night to 10-minute intervals of repeatedly slamming drawers.
We have submitted complaints in writing in addition to the one about the ceiling. Not once has strata corporation responded. The property manager doesn't return calls or e-mails. We would like to attend a council meeting but we need to find out when these are and this is no small task.
We decided to try selling at the end of summer but, as you know, this is a terrible terrible time to sell.
I've started to obsess a little about this and that is when I came upon your site. The information about lawyers was helpful if not a little discouraging. I guess I was hoping I could find a court case that deals with this matter.
Thank you,
Man Wray |
Our reply:
| Quote: | On Fri, 31 Oct 2008 14:48:09 -0700 editor@bccondos.ca wrote:
You've identified a number of important issues here that are worth pursuing:
1. While it's been difficult for individual owners to pursue strata councils for breach of 'good faith,' the facts you've set out here would suggest you have a good claim against yours. Council's response to the water leak emergency should have prompted immediate action on their part first, to investigate the cause to rule out design/construction defects while any
warranty protection is still in place; second, to effect a repair sufficient to prevent consequential damage at both units, including but not limited to toxic mold now a bigger risk because of their delay; and third, to investigate fully the rest of the complex to determine whether you've identified a weakness/defect likely to affect other units and, if so, whether it requires urgent attention. Yes to both probably. Had you written sooner, we would have advised you to write council (cc to bldg mgr) to request an emergency special general meeting to discuss to the issue, which is likely to affect all owners. Strongly suggest doing so ASAP. The problem may not yet be resolved. You'll have to attract 25% of owners to sign on (see Strata Instruction Guide #9), but they probably will if you circulate a one-pager informing everyone that the
complex may have serious water ingress issues and would each voting member kindly initial and return the form to you to support your bid for a mtg to discuss and resolve the matter fully. Note the deadline by which council must respond to your request. Let us know if they don't. We have a few tricks up our collective sleeve which might assist!
2. About the noise problem: Was the building, including flooring, constructed according to the relevant Building Bylaw, which sets out the parameters in most municipalities, even for interiors? Sometimes people 'forget' about these rules when they refurbish, but the rules are there and they are not optional. See the Sound Smart Bylaws bumpf at the City of Vancouver for hints and strategies. If none of that assists, you may use the same special general resolution approach to come up with a bylaw or a rule about noise. Again, make sure the rule or bylaw is in line with municpal noise restrictions. See also the not-especially-helpful Neighbor Law riff courtesy of the Canadian Bar Association, B.C. Branch:
Noise
We've all had our peace and quiet disturbed by squealing tires, loud stereos, barking dogs, or noisy equipment. What can you do to stop it?
First, try talking to the person causing the noise. They may not realize how irritating it is. If that doesn't work, call your city hall and ask if there is a noise bylaw. If there is one, talk to the person who enforces it. For example, in Vancouver, you would call the Environmental Health Officers. Each municipality's noise bylaw is different, but most are quite broad. In Vancouver and many other municipalities, the bylaw covers noise from animals and birds, heavy-duty equipment, lawnmowers, loud parties, stereos and many other things. Usually, the municipality's enforcement officer will try to solve the problem informally. If they can't, they may prosecute the person in court for violating the bylaw.
If the noise is on a weekend or at night, and city hall is closed, you canc all the police. And if a person is screaming, shouting, swearing or singing to the point that they are causing a disturbance, they may be causing a common nuisance, which is against the Criminal Code. In any of these cases, call the police and report it.
Your can also sue the person causing the noise. You could sue for damages for nuisance or negligence, or ask the court to order the person to stop the noise.
They mean well, bless them, but the courts, I'm afraid, are unlikely to assist unless the circumstances are extraordinary.
3. 'She now stomps around more.' That sounds very much like an issue we've recently identified as strata bullying. It's rampant. Unfortunately, it's also rather untested in the courts ... so far. Best advice: Start tracking noise dates, times and what you heard. If you hear any fighting especially after dark, call the police. Note, too, any escalation, i.e., threatening behavior. If you have to call the cops, you'll be able to present your diary as evidence of intimidation.
To conclude: It may be that there is indeed some sort of structural defect responsible for both excessive water entry over a mere 'spill' and the excessive noise, so it may be prudent to resolve the water issue first.
Lawsuits are an expensive pleasure, in our view, when it comes to condo issues. Condo legislation quite simply facilitates and even encourages both bullying and negligent or non-existent maintenance. That said, however, if it comes to blows, we'll do our best to help you find someone good-ish to fight for you without requiring your right arm in return.
Hope that helps. If not, let us know and we'll begin afresh. We live to serve.
Ed.
P.S. Normally, we post e-mails anonymously but if you hope for community participation, we are pleased to supply your correct name and/or address. (We are willows and can bend). |
Over to Mannie:
| Quote: | From: Man Wray
To: <editor>
Sent: Friday, October 31, 2008 6:31 PM
Subject: Re: Noise/leak
Hello,
Well when it rains it pours. Finally our concerns are being addressed by our council. However, this was only after a note alluding to legal action. We also have a new council, but the woman who has been disturbing us is now on council. This has added to our concerns.
An inmate knocked on the door this evening to advise us that new council is aware of our concerns, which are to be discussed at the next mtg. He said that she, too, will be there to tell her side of the story' but she won't be part of the decision-making process.
In terms of mold...when there was no responce to the spill problem, we had a restoration company come in to give us a quote. They had a moisture meter and determined that the moisture in the ceiling where the leak happened was average (whatever that means). From this and given that our building is wood and *old enough to not be a leaky victim we don't think that mold is a problem. I have not noticed any signs of mold and the leak happened in February, 2008. I am pretty sensitive to it (stuffs me up and hurts my lungs). I do agree, however, that there could be a larger structural problem. I know we have concrete slabs for each floor. That the water was able to leak through suggests to us that something isn't structually right. Maybe the water entered through a seam where two slabs meet or crack.
We will discuss the possibility of organizing a special meeting if necessary. I am not hopeful. Our building is one of the more affordable ones in Coquitlam. When we have had votes for regular maitenance, people generally vote it down because they 'can't afford' an assessment. Our fences have been on the agenda every year since 2000. They are falling apart, an eyesore and a liability and just now a vote has been passed to begin work on new fences next spring. That is, it has taken nine years and half the fences falling over before people would agree to pay for new ones. Typically, if resolving an issue means owners have to pay, my faith in their support is minimal. However, if we need to organize a meeting, we will.
I am worried about this meeting in November. The problem with the noise is that it is random. At times it is reasonable and others it is not. For example, opening and slamming bedroom drawers in the middle of the night for 10 min. If we had called the police, it would have stopped by the time they got here. This past weekend our realtor had an open house. All of a sudden she cranked her music really loud. It lasted for 10 to 15 min. and then she turned it down. Again, if we called police, by the time they arrived the music would have been turned down or off. At times she stomps around on the floor and others she doesn't.
When I referred to the realtor / music incident, the fellow who just came to talk to me implied that if the noise occurs during the day, there is nothing strata can do. This is not my understanding of the City of Coquitlam's Noise Bylaw. Am I wrong? Is it ok at 1 pm to have music so loud that when my husband goes to pound on the door and ask her to
turn it down she can't hear him?
We have 2 weeks until the meeting and I'm worried that their minds are already made up or that they won't be willing to do anything.
I'm attaching pics of the water damage and the Coquitlam noise bylaw. |
| Quote: | | *Note: We've listened politely to claims by the construction industry each year since the two Barrett Inquiries that this year's condos don't leak. Each one proves as baseless as the last. A/E bldg designers STILL aren't even tracking the performance of their designs or the major repair experiments to address their defects! There are leakers from 1976 up to and including the present. Indeed many brand new condos are the subject of deficiency reviews, which quite often include major structural defects, i.e., doors that won't close because the foundation has shifted. |
Back to us:
| Quote: | From: "editor" <editor>
To: Man Wray
Cc: "editor" <editor>
Sent: Monday, November 03, 2008 9:53 AM
Subject: Re: Noise and Possible Structural Defect
Hi Mannie,
You are correct in interpreting the noise bylaw to mean that excessive noise is prohibited at ALL times. Call the city to inquire what constitutes 'excessive' noise in residential Coquitlam, the correct procedure for a resident to measure it and the most efficient way to bring a complaint/request for enforcement. In the meantime, track the noise daily as suggested. Bring your log to the mtg. The more specific you can be the better. It will speak to neighbors if you can list a number of actual songs and even lyrics. Chances are, if it's a problem for you, it is as well for others. Most importantly, advise council and owners that you are especially concerned the extraordinary water ingress event of last winter at your place may have inadvertently revealed a structural defect at the complex - inadequate insulation or cracks in the cement between levels, for example - that also makes the complex especially vulnerable to noise. Suggest that in view of B.C.'s notorious, widespread leaky condo/co-op crisis, it would be prudent for council to arrange for a full inspection of the complex ASAP to rule out the possibility - especially if corporation is to take full advantage of warranty protection. You might put this in a one-pager along with the attached photo addressed to council before the mtg. One way or another, get both issues in the minutes! Then relax. Council will act or it won't. If yes, you win. If not, you will have no trouble finding atty willing to bring a claim on your behalf at least regarding the leak. Atty might obtain a court order to compel council to investigate the reason for such extraordinary water ingress. Judges are well aware of leaky condo syndrome and the perils of hesitant strata councils. The facts you describe are precisely why owners pony up for repair funds! Once you get this warning in the minutes, atty's task becomes one s/he can do standing on her/his head. In the meantime, the city has authority to deal with noise. See what they say about enforcement.
About the bullying: Why are visitors so afraid of annoying rozzers? This is one problem they solve with quantities of verve and panache. Call them esp in the evening when music is blaring - even if it stops. If it's stopped by the time they arrive, apologize and tell them you've been tearing your hair out for months over the problem, which now feels like a personal assault. It's crazy-making, too. There is no pattern to the noise, which often occurs intermittently throughout the day. Tell them you've tried slipping polite notes under the door but each has only resulted in more noise more often. After the last note, there was loud stomping for awhile in addition to music so loud you could hear song lyrics clearly. Sometimes, too, it sounds as if she's fighting with someone, which is frightening. Will you be next, one wonders? Frankly, bringing the matter before the strata council has you worried about further escalation.
Police will probably want to pay Noisy a visit. Great! Trust me, a visit from the cops can be a very effective tool in mollifying a neighbor bully. If the police do attend, you may also include this in your report to the strata council. The fact that police have recorded not only the noise complaint but your understandable feelings of intimidation based on reasonable efforts to resolve the problem, may prompt action toward resolution, possibly even in the way of a fine for Noisy for breaching of the Strata Property Standard Bylaws noise provision,
Use of property
3 (1) An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that
(a) causes a nuisance or hazard to another person,
(b) causes unreasonable noise,
Police are there to help. Let them!
Ed. |
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editor
Site Admin
Joined: 01 Dec 2003
Posts: 878
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| Posted: Fri Nov 06, 2009 9:32 am Post subject: |
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How can I get strata council to remove lien against my unit for unpaid strata fees?
| Quote: | From: Bee Tux
To: editor@bccondos.ca
Sent: Tuesday, October 13, 2009 12:09 PM
Subject: STRATA BULLYING
I am seeking your advice, your help, your ability to fix what I perceive as strata bullying regarding the payment of strata fees.
I live in a townhome I purchased a year ago a mere 2 weeks after a family tragedy. Bills as well as strata fees fell behind. In June, 2009 I entered into an agreement approved by the strata council stating that I was to pay the amount owed plus up to $50 a month to go towards the debt on no set date, because discussions occurred between the two groups that the 1st is not something I could commit to due to how many payments came out at that time. I happily paid for June & July, for August as we were winding down towards school starting and we took a week up in Bananaville with my aunt and uncle.
When I realized that I was late with a payment, I immediately e-mailed strata manager advising that payment would be provided on my return or before if required.
I returned home to find a letter stating that the agreement had been revoked, that the entire amount was due, and that if I didn’t agree to get in touch with council w/i 14 days. I did respond, indicating in writing that payment would be made that day. No response. They went ahead and placed a lien on my home.
I have not received an invoices/statement from them since May. I have repeatedly asked but have been denied access.
Ultimately, I dispute the amount council claims is owing. They've added $334 to the original debt, which only sets me back further.
My home is my world, and they are threatening and bullying me – and not honoring my honesty and desire to fix it, as well as not following through with my rights outlined in the letter sent forth by them to contact them in writing for the review, the lien was placed days later.
I feel violated and bullied, can you help? I want the lien removed, the fees paid by them, and I want statements of my account, is this ridiculous?
I am contacting my local representative as well. I want them to remove the lien, they pay the fees, and we continue on with our agreement.
Thanks for any help, interest, or advice you may have.
Sincerely,
Bee Tux |
| Quote: | | Editor's Note: While it may seem to some as if you're covering your respective, it is bad form to pose a question requiring significant research to a variety of parties, esp volunteers, at the same time. At best, it encourages wasteful duplicated research; at worst, it gives overworked political reps a reason to reject your inquiry/reduce its priority |
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Our reply:
| Quote: | From: editor [mailto:editor@bccondos.ca]
Sent: Wednesday, October 14, 2009 3:31 PM
To: Bee Tux
Cc: editor
Subject: Re: STRATA BULLYING
What-ho, Bee,
Sorry but it looks as if you're the author of your own misfortune in this case. You were first late with strata fees and then in breach of a special payment plan council undertook with you. Your fatal error was in missing the payment deadline while on holiday and then sending strata manager a message stating merely your intention to pay but not the actual payment. Your offer to send along a cheque as required amounted to a new offer, which effectively revoked your special agreement. Once you breached the special payment agreement, council no doubt concluded it had discharged its obligations according to terms and that the strata corporation as a whole had an interest in your debt requiring council's protection.
I'm afraid, too, that your repeated requests for documentation beyond the late payment agreement itself and the usual receipts for strata fee payments would have been viewed correctly by council as an expense both tiresome and unnecessary - excessive, really. Every condo dweller accepts strata maintenance fees according to the terms of her/his purchase agreement. The legislation does its part to assist volunteer strata officers in their obligation to collect these fees, which go toward maintenance and repairs for the corporation as a whole. It would be ludicrous to expect your neighbors (co-owners, really) to carry your debt beyond the late payment agreement, which you subsequently breached. The personal tragedy you cite is, I'm sorry to say, irrelevant. You are no more worthy of special treatment here than any other condo dweller.
You've characterized council's treatment of your late fees as strata bullying. We would similarly characterize your need to blame council for what is ultimately your inability to comply with payment obligations you undertook as a condition of condo purchase.
If after reviewing the provisions below you re-examine your records and discover an error in calculation, you may submit the relevant documentation to council to seek a reduction. Happily, once you've discharged the debt, the legislation states that the lien must be removed within the week.
One must learn to take the rough with the smooth, I'm afraid.
Ed. |
More about liens:
From Instruction Guide #10 What to Know About Budgeting and the Collection of Strata Fees:
| Quote: | Most strata corporations have a bylaw setting out when strata fees are to be paid. Standard Bylaw 1 applies to any strata corporation which does not have its own bylaw dealing with the payment of strata fees. It requires strata fees to be paid on or before the first day of each month.
A strata council can fine a strata lot owner for failing to pay strata fees in accordance with a bylaw, by proceeding with the bylaw enforcement procedures set out in Instruction Guide 14, "How to Enforce Bylaws and Rules"
A bylaw may also be passed which sets out the rate of interest that can be charged for late payments. However, the interest:
· cannot exceed 10% per annum compounded annually;
· is not a fine; and
· forms part of the strata fees.
A lien for unpaid strata fees may be registered at the Land Title Office against the title of a strata lot by filing a “Certificate of Lien” (Form G). |
From the Strata Property Act, which states:
| Quote: | Certificate of Lien
116 (1) The strata corporation may register a lien against an owner's strata lot by registering in the land title office a Certificate of Lien in the prescribed form if the owner fails to pay the strata corporation any of the following with respect to that strata lot:
(a) strata fees; ...
(3) Subsections (1) and (2) do not apply if
(a) the amount owing has, under section 114, been paid into court or to the strata corporation in trust,
(b) arrangements satisfactory to the strata corporation have been made to pay the money owing ...
(4) On registration the certificate creates a lien against the owner's strata lot in favour of the strata corporation for the amount owing. ...
(6) On receiving the amount owing, the strata corporation must within one week remove the lien by registering in the land title office an Acknowledgment of Payment in the prescribed form. |
A word about criminal harassment v. debt collection:
| Quote: | Criminal harassment is an offence in the Criminal Code. It is harassing behaviour that includes stalking. The behaviour must give you good reason to fear for your personal safety and it must have no legitimate purpose. Generally, the behaviour must happen not just once but repeatedly. However, where the behaviour is overtly threatening, a single incident may be considered criminal harassment. It is not an excuse for the person to claim that he or she did not intend to frighten you.
Remember, though, some people do have a lawful reason to contact you repeatedly. For example, a debt collector may call you several times. Although you may not like this contact, it is lawful when done according to laws regulating collections. (From the federal Family Violence Initiative) |
Link to this entry
http://bccondos.ca/forums/viewtopic.php?p=1552#1552 |
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