Discussion Groups

I joined three Facebook discussion groups on strata matters in the last couple of years.  BC Strata Owners For Justice And Reforms Strata Council: Theft, Bullying & Unauthorized Decisions B.C. Strata Living.  The name "BC Strata Owners For Justice And Reforms" appeals to my values. It is the only group that is public. It contains a lot of uncensored language that lays bare a level of frustration and rage that is not usually revealed. Unfortunately, the focus is on just a few particularly troubled stratas, and there is more ranting than discussion and not many contributors. The name "Strata Council: Theft, Bullying & Unauthorized Decisions" gives a somewhat misdirected impression of what I consider to be the most accurate and valuable contributions by unusually knowledgeable members. The group is private, but the content is not censored. So despite having a name that I find quite off-putting, I think everyone in the industry could learn a lot by joining this ...

Stratas are not relieved of their responsibilities under the SPA by Indemnification Agreements, however, assumptions of liability can seriously interfere with sales when prudent purchasers look elsewhere.  Indemnification bylaws are unenforceable to the extent that they contravene the SPA. This is particularly true in regard to the strata's responsibilities for common property and insurance coverage.  This strata's past history has also proven that  when it comes to major expenses  such  agreements are not worth the paper  they're written on  due to loss, confused responsibilities, and enforcement, administration, or litigation issues .  Provisions to fund alterations effectively without confusing responsibilities are made in s.6.9 of the Strata Property Regulation. That section prescribes the terms for User Fee bylaws.  Unlike Indemnification Agreements, User Fee bylaws are a statutory provision of the governing enactment. User fees can be i...

If you want to know how many fines were issued you may have to figure it out by checking the minutes, where at law, each and every decision must be recorded. Yes, you're entitled to this information under s.35 and s.36 of the SPA, and no, the PM is not othewise authorized to disclose it. .... Okay, I think you might be right about human rights allowing people to grow food, but I'm a bit confused about what suprecedes what, as the Land Title Act says (my EMPHASIS added): Application to Strata Property Act 3 (1)This Act, except Parts 7 and 8, applies to the Strata Property Act, UNLESS inconsistent with that Act. (1.1)Despite subsection (1), provisions of Parts 7 and 8 of this Act apply to the Strata Property Act IF STATED TO APPLY by the Strata Property Act. (2)Part 9 of this Act applies to the Strata Property Act ONLY TO THE EXTENT EXPRESSLY STATED in the Strata Property Act or in Part 9. .... Council's job is not to follow the majority's wishes, it is to comply with...

NAME Perhaps you need to remind the PM that documents permitted under a governing enactment can be delivered to the strata by email pursuant to 63 (1) of the S.P.A. https://www.bclaws.gov.bc.ca/.../comp.../statreg/98043_04 ... ….. Yes, I agree; it seems like property managers can do anything they want. I think the unlawful conduct of SPABC members persistently proves that they are a white collar crime syndicate. Nevertheless, if the strata’s agent and registered and records office is Korecki property management company, then I think you should send the BCFSA a copy of Korecki’s notice that it's blocking your email address and interfering with your right to correspond with the strata. Just for the record, ask the BCFSA if it can take corrective action. Note that pursuant to your understanding of s.63(1)(c)(i) of the S.P.A. your notices of administrative misconduct and requests for remedies are permitted under governing enactments and can be given by using the strata corporation'...

I think recusal depends on whether you have an interest in the matter that conflicts with your duty on council to enforce the bylaws. If for example if you're reporting something like a fire hazard that puts others at risk, then I don't see any reason to recuse yourself. On the other hand, if you're complaining about your neighbour interfering with your own use and enjoyment of the property then the best practice might be to recuse yourself. Further to that, if you're a member of council and a bylaw infraction is ever reported against yourself, then under s.32 of the SPA it is mandatory that you recuse yourself from voting on enforcement. **** If you were the one with the odd colour I would say you would have to recuse yourself. Otherwise, no - just report the infraction and make a motion to enforce the bylaw pursuant to s.135 of the SPA. Quote the bylaw, and give the owner notice that fines may be issued until the approved colour is reinstated. If the rest of...

Please forgive me for ranting about the CRT. This summary of Trkla v. The Owners, Strata Plan KAS3099, 2020 BCCRT 533 is an example of how CRT adjudicators allow stratas to unlawfully transfer the cost of statutory repair obligations onto individual owners. You have to read with a critical eye the full decision (on CanLii) to realize how the adjudicator insidiously confuses matters and obscures his distortions of fact and law by creating a narrative that is contrary to the actual chronology of events. To unravel all that I rearranged the text to restore the true chronology, but I have left the adjudicator’s paragraph numbers for reference. 1. The owner sought reimbursement of water damage repairs, heat pump repairs, and loss of use of his property as well as an order that the strata comply with the SPA and avoid bullying (THIS CASE SHOWS HOW CONTRARY TO S.72 REPAIR OBLIGATIONS, THE CRT ALLOWS MONTHS OR YEARS OF CHRONIC DELAYS, ADDITIONAL DAMAGE, AND LOSS OF USE AND ENJOYMENT ...

CHOA represents the strata industry, and in this regard it's important to notice the difference between Owners' and Owners in CHOA's name, and to recognize the significance of that missing apostrophe.     On or about September 1, 2021, CHOA stopped featuring its online admission to being  " the largest association representing the strata industry in British Columbia" and reverted to featuring this instead,  " Leadership, Education and Resources for Strata Owners Across BC. " I would caution owners of strata property to be diligent in considering where that Leadership is taking them, how many times that Education conflicts with the SPA, and how those Resources may be  "representing the strata industry"  rather than the best interests of the owners who make up strata corporations. When I attend CHOA seminars, I try to take what is legitimate, say thank you, and leave the rest.  I posted this because the first step in correcting any problem is to ...

THANK YOU SO MUCH FOR SHARING THIS LETTER!!! I think it is worth more than it's weight in gold as evidence for the CRT, and I'd phone the author with a huge thank you! Your bylaws are worth much more than the paper they are written on. The strata council is legally obligated to remedy the contraventions of both the use of property bylaw and your underlay sound rating bylaw. Under no circumstances is your neighbour entitled to create a nuisance or assault you with needless noise that unreasonably interferes with enjoyment of your property as purchased. Your strata council's failure to take remedial action as statutorily mandated is creating another nuisance, which is in itself another contravention of standard bylaws. It sounds significantly unfair to expect innocent law abiding victims to absorb the relentless nuisance that others acting unlawfully for the frivolous sake of fashion are RESPONSIBLE for causing. It is well known that replacing carpets with hard surfac...

What’s presented at our AGM is held out as the insurance policy, but it’s just a summary of coverage. ⁠ In fine print at the bottom of the last page it says, "This record sheet is intended for reference only. Please refer to your polic(ies) for complete details." ⁠ After making s.36 requests to the strata since 2003 to no avail, I finally received our full insurance contract directly from BFL by specifically quoting and requesting every item referred to in the summary that was provided at the AGM. That contract contains 150 pages of policies. ⁠ I haven't done it yet, but I intend to ask for a copy of our strata's history of claims also. **** What’s REALLY going on with strata insurance? How much does anybody know? The hard market arising out of catastrophic wildfires, floods, hurricanes, and other environmental disasters associated with global climate change makes sense to me. The financial impact of trip cancellations, bankruptcies, disabilities, and worl...