Tony Gioventu: Looking for alternative system to resolve strata disputes

Posted on September 28, 2011 by Johnny Stork

“There’s a price to be paid for justice – and the price can be too high when justice involves the B.C. Supreme Court”

“Under the current legislation for condo owners across B.C., the Strata Property Act and Regulations, there are really only three choices to resolve disputes in your community.”

“An obvious solution involves some sort of mediation where the parties meet with a neutral third party and ideally come to a consensus on how to resolve a problem.”

“The two other formal solutions are arbitration, which is mandatory under the Strata Property Act, or court action, either through provincial small claims court or an application to the B.C. Supreme Court.”

“There is a significant number of pitfalls to arbitration and the court system, the greatest of which is the cost involved.”

URGENT!: Strata Property Dispute Resolution Public Consultation

Posted on September 21, 2011 by Johnny Stork

The BC government’s Housing Policy Branch is seeking public input into strata property dispute resolution. This is welcome news to the hundreds of thousands of strata owners in BC who have been fighting for improved oversight, accountability and dispute resolution in strata housing. Far too many strata owners have suffered personally, economically and emotionally from the misguided actions of ill-informed, irresponsible or negligent strata councils, some of which have even acted outside of the law or the Strata Property Act and caused significant damage to the lives of thousands of home owners. This public survey is the first step towards new strata legislation which should (hopefully) provide for greater oversight, accountability, education and resources for strata owners and strata property managers. Please take the time to provide your valuable input towards this process and complete the survey linked below.

Thank you

Strata Property Dispute Resolution Public Consultation Survey

CHOA Fall 2011 Strata Seminars

Posted on September 21, 2011 by Johnny Stork

The Condominium Home Owners Association holds seminars on various aspects of strata management. The schedule for these seminars, which are held across BC, can be found on the CHOA site.

Tony Gioventu: Strata Council Elections Easy to Regulate

Posted on September 20, 2011 by Johnny Stork

“Dear Condo Smarts: The column on secret ballots and voting booths was very interesting. We would like to share our experience and gain your insight.”

“With a great tip from your office, to flush out the fraud, we had made sure that 10 voters in the crowd signed their ballots with purple ink.”

“Not surprisingly, none of the purple-inked ballots could be found. The president of the council collects the ballots each year, and switched them when they went into a different room to count.”

“Do you have some thoughts on how to prevent balloting fraud? We suspect we are not the only ones with this issue.”

Suzanne Morphet: The Bottom Line on Strata Fees

Posted on September 20, 2011 by Johnny Stork

“A reader was telling me recently about the large number of “For Sale” signs in her strata development in Maple Ridge. Of the 59 units, seven are on the market and three of them are forced sales by banks.”

“What piqued my interest was her comment that “the original strata fees were nothing more than a ‘come-on’ ” by the builder/developer. When the majority of owners approved a 30-percent budget increase, two of the owners balked and walked.”

“So how common is it for developers to lowball strata fees to lure buyers?”

Read More: The bottom line on strata fees

Suzanne Morphet: Providing the Information Buyers Want

Posted on September 13, 2011 by Johnny Stork

“A couple weeks ago, I introduced readers to Bernie Winter, a Calgary businesswoman who offers a service to review strata documents for clients in Alberta.”

“She and her team of consultants examine all the documents a strata corporation must make available to interested buyers and report what they find, good or bad.”

“Winter – and others – have tried to offer that service in B.C., but have either given up or been shut down by the Superintendent of Real Estate. The problem? In B.C., you must be a licensed realtor to advise anyone about real estate – even if you’re not selling it. And since realtors are reluctant to refer their clients to another realtor, no one (to Winter’s knowledge) has been successful.”

Tony Gioventu: Who has the Authority to Represent the Strata?

Posted on August 26, 2011 by Johnny Stork

“Our 84-unit strata is both townhouses and an apartment-style building. For the past four years, the two sections could not agree on many issues, so we have basically divided everything into separate sections, including our management services.”

“Your column has made us realize that we do have one significant problem: We have never adopted a bylaw that created the separate sections, although we seem to be operating well within the requirements for exclusive expense.”

Suzanne Morphet: B.C., Alberta Differ on Strata Review

Posted on August 22, 2011 by Johnny Stork

“If I’m buying a strata property in B.C. and want to hire someone to examine the building’s records for me, that someone has to be a licensed realtor.”

“That’s not the case in Alberta, where Bernie Winter, among others, provides a service known as strata document review. In fact, Winter gave up her realtor’s licence because she believes she would be in a conflict of interest if she was selling a strata property and advising prospective buyers about the internal workings and health of the strata corporation.”

Strata Zen

Finding Harmony and Community in Strata Living