Using a section of the property act could provide a way out
Tony Gioventu
Province
Dear Condo Smarts: We’re stuck with an old bus on our property. Our apartment strata has an underground parking lot and a back lot for the second car of each unit, and visitor parking. The bylaws permit only domestic cars and light trucks, and short-term parking of motorhomes for up to 14 days in any calendar year.
Last year, an owner was given written permission to park a motorhome in the back lot for a period of nine months, with the condition that the bus be licensed, operable, and not pose a safety risk to the owners.
Now we’re in the 10th month. The licence has expired, the motorhome turned out to be a bus, it smells of gas, and weeds are starting to grow from the roof. We’ve given the owner 14 days notice to remove the bus, or strata has advised that it will be removed at the owners’ cost.
The owner claims we have no authority to remove his personal property from the complex and that he uses it as a motorhome, therefore we can’t tow it. The owners are concerned for the safety of their personal property and the risk it poses to the building. Surely we must be able to have the bus towed and enforce our bylaws?
— The Strata Council of Nelson Court
Dear council: The Strata Property Act does give strata corporations assistance in the enforcement of bylaws that strata councils frequently use. Section 133 of the act is in addition to your bylaws and acts as an enforcement tool.
Strata corporation may remedy a contravention:
133 (1) The strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws or rules, including
(a) doing work on or to a strata lot, the common property or common assets, and,
(b) removing objects from the common property or common assets.
(2) The strata corporation may require that the reasonable costs of remedying the contravention be paid by the person who may be fined for the contravention under section 130.
Section 133 can be used in a number of applications. For example, townhouse or bare land complexes may have single vehicle roadways or lanes. Those roadways and lanes also serve as the emergency access and fire lanes and may not be blocked. As a result, strata corporations have bylaws prohibiting parking in the fire lanes, but because the fire lane is on strata property, the enforcement of the bylaw and removal of parked vehicles from the fire lanes must be undertaken by the strata corporation.
The strata corporation must still comply with the requirements of enforcing bylaws by giving notice of a complaint and providing the alleged strata-lot owner or tenant the opportunity to respond to the complaint, either in writing or to request a hearing before they proceed with imposing fines or penalties. If, after the notice of allegation is provided to that strata lot, they still fail to comply, the next step may be the strata corporation removing the objects from the common property and remedying the damages to the cost of the offending strata lot.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. E-mail [email protected]
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