Tracing Smoke

-

Thanks for sharing the article "STRATA ALERT: HOW TO GET INTO PEOPLE’S STRATA LOTS WITHOUT THEIR PERMISSION" written by Paul Mendes, brother of the current president of BC's Law Society. Unfortunately, it looks to me like a deceptive attempt to churn up litigation by legal professionals who profit from it.

The OP's bylaw is probably enforceable. The SPA provides a standard bylaw 7(1) that requires an owner to allow a person authorized by the strata corporation to enter and inspect their strata lot at a reasonable time, on 48 hours' written notice.

With all due respect to the Mendes brothers and so many others, lawyers acting in conflicts of interest that are contrary to the best interests of stratas and owners of strata property manufacture countless disputes.

I think Adrienne Murray was one of the lawyers drafting the standard bylaw, and the SPA specifically allows for stratas to amend it. Owners do themselves a favour if they rely on the law instead of stories written by lawyers who make their living manipulating language.

****

R. v. Zargar, 2014 ONSC 1415 explored the legal concept “sanctity of the home.” The notion of a right to private property is foundational to the plutocracy's legal system where your home is your castle, but it is not applicable to lessor mortals who own strata property. That is why the Charter of Rights that promises equal protection under the law is not applied by the CRT when it comes to the Strata Property Act.

****

The owner can let them in, or pay the fine. That's their choice.

****

A lot of the comments sound like council might be trying to stop an owner from smoking. I could be wrong, but I think they are more likely just trying to identify the source of the smoke so they can try to seal up its escape routes and avoid a human rights order.

****

THANK YOU for sharing information on that study! If you can find a link to it and post it that might be helpful to others. In the meantime, a quick Google search came up with this.
https://www.reminetwork.com/articles/impact-of-cigarette-smoke-on-property-value/#:~:text=Smoking%20is%20not%20only%20deadly%2C%20it%20can%20kill,resale%20property%20by%20up%20to%2029%20per%20cent


Popular posts from this blog

Conflict of interest

-
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...
Read more

Carpenter Ants

-
We had carpenter ants pouring into our family room like a river. The nest was in an adjacent railroad tie retaining wall on the north side of our patio. I don't know how the pest control company did it, but they found the nest, and we never saw the ants again. The trick is to find the nest. The building was repaired in our leaky condo project, but the retaining wall has remained damaged for about 20 years despite an engineers report recommending repairs over 5 years ago. ****  
Read more

Duplex Deadlock

-
You could check you property tax assessment notice. Or your registered land title for the legal description of the property. If it says Strata Plan#, fractional interest in common property, then it is s.4 of the Strata Property Act (the "SPA") that is forcing you to join the other owner on a strata council. It's the law, and there is nothing you can do to change it. In a deadlocked duplex there are a few possibilites. First choice is invite the other owner for tea and negotiate some kind of mutual understanding. Second choice is bring matters before the CRT. Third choice is apply for a court ordered administrator. Fourth choice is sell. The SPA and Standard Bylaws will determine the outcome of the second and third choices, with the third choice usually being prohibitively costly. You can go online to BC Laws and scan the Table of Contents of the SPA and the Schedule of Stanard Bylaws. You might want to add them to your Favorites for quick answers to most questions i...
Read more