Tony Gioventu
Province
Dear Condo Smarts: I have a dog in a strata in Kitsilano. I bought my unit two years ago, and ever since moving in have been harassed by owners constantly about having a dog, even though the bylaws permit one dog per strata lot.
A group of owners have allegedly complained about the noise my dog makes during the day when I am at work, and council has notified me that I will be fined if I do not get rid of my dog.
My dog goes to work with me every day, so I am challenging their claims. I have requested a hearing as the Act permits, and requested copies of the complaints.
Council claims that due to privacy laws they cannot release the complaints. The Act requires that they identify the particulars of the complaint(s), yet at the hearing they could or would not identify any valid complaint, other than their desire that I remove my dog.
How do I access the complaints if council won’t release them?
If they don’t release them, how do I have any sense they are even valid?
— SJ
Dear SJ: Our offices receive hundreds of calls regarding privacy matters every month. The privacy legislation is not intended to protect strata councils or owners from the requirements of the Strata Act.
The particulars of a complaint can include a number of issues, such as the time and date of the complaints, the duration of the alleged violation and the frequency of the violations.
For strata councils to release complaints, they might insist that they be in writing and that the complainant consent to the release of that information, although it isn’t always that simple.
For example, if an owner notices that someone has made an alteration to common property without written approval and submits a complaint, the council may want to first investigate the claim and photograph the alteration.
Then the complaint itself is no longer necessary.
There may also be concerns about retribution over the complaint or personal security issues.
The strata council will have to decide on the limit of information they can release to both ensure they can prove they have a credible claim and also protect the privacy of owners.
Remember, the council has only informed you of an allegation. They have a duty to provide credible information or evidence proving the allegation, and you still have the option to dispute the claim, or proceed with arbitration or a court action against the strata corporation.
The Office of the Information and Privacy Commissioner has posted a new information guide on privacy matters for strata councils, owners and strata agents. While these are only guidelines, they do provide insight into the complexity of balancing the requirements of the Strata Property Act and the needs of protecting privacy and personal information.
Go to: www.oipc.bc.ca. The guidelines are found under “what’s new.”
Tony Gioventu is executive director of the Condominium Home Owners’ Association. E-mail [email protected]
© Copyright (c) The Province
