Use of Property

-

It sounds like your neighbours might be exercising their discretion as council members. Or they might be just bullying you.

The question is, are they acting in conflict for their own interests, unreasonably interfering with use and enjoyment of your property, or are they acting in the best interests of the strata?

The table and water bucket are not within council's jurisdiction unless they are an actual hazard or nuisance or unreasonably interfere with the use or enjoyment of others.

If the only "others" are themselves, then under s.32 of the SPA they must recuse themselves from voting on the matter.

****

I'm not convinced that the patio is part of your strata lot and the yard is limited common property, since you haven't said that it is designated that way on the strata plan.

If you don't have a copy of the strata plan, I sure hope that you ask to review it, or request a copy of it pursuant to s.36 of the SPA prior to proceeding further.

If the yard is designated as LCP then your right to use and enjoy it probably takes priority over council's right to meddle with it, but the reverse may apply if it is not LCP.

If you have confirmed the actual designations on the strata plan, then I apologize for questioning it. Either way, all the best in finding a solution.

****

Don't be surprised if the property manager is actually egging the council members on. Sometimes they make more money from add-on fees from disputes than they do from the basic property management contract. 

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