Tony Gioventu
Province
Dear Condo Smarts: The Strata Property Act says strata councils must convene a hearing if an owner requests one. But what does it mean to convene a “hearing”? Our council, of which I am a member, recently convened a hearing at the request of an owner and he showed up with a two-page list of gripes. When the hearing was over he wanted to know why we didn’t answer any of his questions and demanded another hearing in the next week.
We want to respond, and in writing, but because we have no request for any decisions in front of us we simply do not know what to do.
Jeff C., Chilliwack
Dear Jeff: An amendment to the act, introduced last fall, makes hearings on request the law of the land. And that’s because too many strata councils ignored a standard bylaw requirement for hearings by removing the provision or amended the bylaw limiting the ability to request a hearing: owner rights were being affected. The amendment moves the requirement from the bylaws to provincial legislation.
Here’s Veronica Franco, a lawyer with Clark Wilson LLP in Vancouver, on the hearing requirement: “The concept of a hearing is vague and not well understood.
“Most assume that hearings are generally for the purpose of seeking or disputing a decision of council. The owner[s] or tenant[s] demanding the hearing are often seeking a decision on an interpretation of the bylaws as they may be applied to rentals, pets, age, parking, alterations, or use of property.
“Once they have obtained a decision of council, they can then decide on how to proceed with resolving their concerns.
“Hearings that appear to have no specific purpose other than to provide an opinion will not likely result in any decision or actions being taken, wasting the time of all the parties and potentially generating a conflict within the community.
“The [hearing requirement] defines a hearing as ‘an opportunity to be heard in person at a council meeting.’ Owners are required as part of the request for a hearing to advise of the purpose of the hearing. Before owners request hearings, they may wish to contemplate their intended result of the hearing. Before the hearing starts, councils may also want to explain the way the hearing will be conducted to avoid any misunderstandings. “
Because the hearing is being conducted within the proceedings of a council meeting, the council also has an obligation to create minutes of the meeting, and without the context of a decision what will council write in the minutes?
How can you describe the proceedings of a hearing if no decision is being sought, or there is no context to the hearing.
While there is no obligation to provide any response in the hearing, it may be an excellent opportunity for the strata council to ask questions and gather information to better manage your community. If owners raise genuine concerns, the sooner they are addressed, the less chance of a growing conflict in your strata.
Tony Gioventu is executive direction of the Condominium Home Owners’ Association. E-mail:
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