Violations of Strata Bylaws

Misguided councils have failed for decades to remedy violation of strata bylaw #4. The image above depicts some of the continual interference with my use and enjoyment that has plagued me daily ever since 407 cut down a significant tree and covered all of the common property between our patios with extra decking for their own exclusive use.

I was happy with the property I bought. Unlike some others, I took the trouble to know what I bargained for, and I never took, nor asked, for more than my share, or more than I was given to expect that I was entitled to. 

The image below is my most recent proposal to mitigate my ever growing loss for other people's unlawful conduct that is uniquely unfair to unit 409 and a continual nuisance that makes me sick.

Effective remedial action takes comparatively little money and space. In nearly 30 years of requests my proposal have usually been comparatively modest; but remedial requests are delayed, defeated, and characterized as unreasonable or "outrageous" as I am accused of harassment for complaining about unfair treatment and unlawful conduct.

The problem is members of council are acting in conflict

contrary to the law, nuisance prohibitions, and common decency, and I am sick and tired of absorbing the detriment flowing from bylaw violations that the strata is responsible to remedy.

On November 15, 2006 I emailed the following message to council via then Strata Manager, Joan Macdougall, to no benefit.  I have since added illustrations, and an asterisk * indicate a notation that I made after January 27, 2018.

Dear Council:

Bylaw infractions have been raising expenses and reducing our property value for years. Will this council enforce the bylaws set out below? Please advise.
Dianne Bond – Unit 409

Bylaw is indented in italic - with sample infractions below each one.

Compliance with bylaws and rules
1. All residents must comply strictly with the bylaws.

Ongoing noncompliance includes infractions of bylaw numbers 1, 4, 8, 11, 17, 21,24, 41, and 42.

Use of property
4. A resident must not use the common property in a way that:
(a) causes a nuisance or hazard to another person
(c) unreasonably interferes with the rights of another person to use and enjoy the common property or another strata lot.
(e) is contrary to a purpose for which the common property is intended as shown expressly or by necessary implication by the strata plan.

Deck additions created unreasonable and continuing nuisance by:
(a) preemptively destroying valuable landscaping and arbitrarily imposing unfair added expense on others,
(b) increasing fire hazards and risks of personal injury from sharp unprotected window projections and rotting floor boards left unrepaired for years,
(c) spoiling the view with extra decks hosting large plastic tarps and unsightly storage in place of the
original greenery, privacy, and peace,
(d) unreasonably spoiling the rights of original owners to enjoy common property as purchased, due to others unlawfully taking exclusive use that exceeds their payment of proportionate unit entitlement expenses
(d) user fee issues sabotaging strata plan patios and delaying repairs for years; creating unreasonable insurance risks by leaving heights of up to 10.5 feet without a guard rail for years, leaving common property in a derelict condition for 5 years, described in writing by a strata lawyer as "horrific" and a strata president as "horrendous"
(e) unlawfully changing use and appearance of common property shown by the open space on the strata plan, which expressly specifies: one balcony or patio per unit and designates the areas for exclusive use, preemptively creating extra expense, undermining the purpose of the strata plan and its filed Schedule of Unit Entitlement,
(f) breaching various laws including permits, conflict of interest, good faith, significant changes, funding,
(g) undermining equitable enjoyment of common property in accordance with unit entitlement ownership and expenses in a manner that is uniquely unfair to unit 409,
(h) police action and other injury harming the only person complaining.

4.2 A resident must not cause damage to the common assets.

Expensive landscape architecture that was paid for by original owners like me was destroyed when key trees were cut down and healthy plants were torn out by new residents, particularly Al MacLeod and Georgia Title.

4.4 An owner shall indemnify the strata corporation for any insurance deductible, or expense for any repair or replacement of the common assets rendered necessary by the owner’s act.

Owners, including members of council, who caused damage to the common assets in the interest of extra decks and panoramic views have been selling without paying remediation expenses, and the strata council has made no request for indemnification. (*despite signed agreements in existence at the time.)

Obtain approval before altering common property
8.3(e) As a condition of such approval the owner, or subsequent owner, who receives the benefit of such alteration must indemnify the strata corporation with respect to demands that are in any manner attributable to the alteration, such costs to be added to the next month’s strata fees of that owner.

No strata council in this complex has made any owners who are altering the common property with deck additions indemnify the strata corporation for the extra expenses attributable to those alterations.

8.5 An owner who alters common property without the required approval must at their sole expense restore the common property or assets to their condition prior to the alteration.

The strata council has not demanded that any common property be restored, or that owners indemnify the strata corporation for the extra expenses attributable to owner alterations no matter how costly it is for others.

Duties of the Strata Corporation
11.1 The strata corporation must repair the structure of the building, patios, balconies, and railings that enclose them.

The strata council has not met its duty to repair the structural damage caused to the unit below an upper unit that had a Crane toilet tank burst in 2003. For the past year (*as of this November 15, 2006 email message) the strata council has not met its duty to repair the lower units’ patios and the railings enclosing them.

17.1 Council members must be given notice of a meeting.

On November 8, 2006, replacements were appointed to council with no notice to the absent members of a council meeting, in spite of a procedural protest. *I volunteered but Al MacLeod said he would not allow that.

21.3 The results of all votes at a council meeting must be recorded in the council meeting minutes.

The council meeting minutes for Sunridge Estates record very few motions or votes, in spite of repeated requests that decisions be recorded.

Spending restrictions
24. A person may not spend the strata corporation’s money unless the person has been delegated the power to do so in accordance with these bylaws.

Al MacLeod (*and Georgia Title) misappropriated surplus special levy funds and had trees cut down without a vote, in spite of the law, the costs, and strong, repeated protests by the owner who was most negatively affected.

Maximum expenditure by strata council
41.1 A ¾ vote of the owners is required for any expenditures by the strata council that exceed $2,000 more than what was in the approved annual budget.

The strata council allowed most of the trees that were planted by the strata corporation’s landscape architects to be cut down and ignored requests for records of expenditures as nearly half a million dollars of surplus special levy funds were misappropriated.

An owner shall not:
42.3 do anything that would tend to increase the risk of fire or the rate of insurance premiums.

Council allowed 407 to cut down a tree and destroy over 6.5 feet of landscaping to build a wooden deck extension and then use a barbeque right next to a wall of wooden railroad ties (*and lattice) right below the wooden deck on the next unit about 10.5 feet above and ignored the neighbour's complaints.

 This deck addition created outdoor living space immediately below heavy flower pots sitting on a railing high above where a subsequent owner's toddler played below. There was no record in the minutes of a decision to advise the strata corporation’s insurers of this alteration.

An owner shall not:
42.4 do or permit anything to be done on the common property that is contrary to any Statute or bylaw.

About 18 owners out of a total of 68 breached bylaws and made significant changes to the use and appearance of the common property which were never approved by the required majority of owners (* now 22 or more are taking common property for their own exclusive use contrary to the Act).

An owner shall not:
42.5 do or permit anything to be done that may cause damage to trees, plants, bushes, or to prevent growth or interfere with the maintenance of the grounds generally.

Extra decks added to the common property destroyed the original trees, plants, and bushes, persistently prevent growth, and set the stage for further destruction (*for panoramic views.) For years deck additions interfered with the maintenance of the grounds .

Persistent refusal by strata councils to maintain common property to the original standard has unfairly resulted in this wall of wood on Unit 409's patio in substitution for a tree that the developer planted on the common property, which 407 cut down to build extra decking for their own exclusive use and benefit.

42.15 The strata corporation may levy fines for contravention of this bylaw and for each complaint and successive complaint received by Council and/or Management.

The strata corporation has not levied fines for contraventions of these bylaws. Instead council members have responded to successive complaints about ongoing contraventions with punitive and destructive acts against the complainants. And we don’t like it.