Tony Gioventu
Province
Dear Condo Smarts:
Our strata council has been dealing with an owner who, we suspect over the years, has never thrown out a thing, including the garbage.
We suspected there were problems because (the owner has) always been a shut-in, but no one ever complained until a medical emergency a few weeks ago where a neighbour was required to get 911 assistance and access the strata lot.
The conditions are unbelievable, to say the least.
The papers are piled higher than the windows, there is garbage everywhere, and feces from rats and pests in every corner.
The owner is refusing access to clean it up. We contacted the local health board and they won’t intervene and the family members have told us to mind our own business.
We’re very frustrated because, over the years, we’ve found enforcing bylaws is just a waste of time, so what do we do?
— Mrs. C.M. Findlay
Dear Mrs. Findlay:
Many strata councils have a misconception that they need a written or verbal complaint from someone before they enforce a bylaw.
Not so. If a strata prohibits pets and a council member sees a cat in a residence window, or a bylaw prohibits barbecues and there’s a barbecue on a deck, the council member can file the complaint.
Don’t wait for things to get out of hand. Act when you’re made aware of the problems.
Annual suite inspections are also incredibly valuable.
The strata can inspect plumbing and window systems for maintenance requirements, and, at the same time, you may become aware of conditions that place your building at risk, other bylaw violations, grow-ops or unauthorized alterations to the building structure.
If an owner has created a disaster in their suite you can start the process before it gets out of hand.
Bylaw enforcement takes time and organization. The strata can enforce bylaws, including work on a strata lot, and require the owner be responsible for the costs.
Enforcing bylaws is not only about fining people but ending the violations.
A province-wide pilot mediation program for strata bylaws is now available through the B.C. Arbitration and Mediation Institute.
For a fixed fee of $350, plus travel costs and taxes, if any, the parties get a two-hour mediation to mediate a bylaw dispute.
A mediated settlement often economically and quickly solves the problems, and maintains good will between the parties who still have to live there when the dust settles.
For more information on the program, check at bcami.com.
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA). Contact CHOA at 604-584-2462 or toll-free 1-877-353-2462, or go to www.choa.bc.ca, fax 604-515-9643, or email [email protected]
© The Vancouver Province 2007