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Prevent Water Damage Before it Happens

Prevent Water Damage Before it Happens

by | Oct 31, 2022 | Building Maintenance, Strata Living

Many people think that insurance is the only way to protect their homes from water damage. However, there are actually many things you can do to prevent water damage before it happens. By setting up a risk management program, you can educate yourself and your community on how to reduce the risks of water damage.

Risk Management Programs
Risk management programs involve educating members on how to protect themselves and their homes, setting up preventative maintenance routines, planning for emergencies, and reviewing your insurance coverage. By taking these steps, you can reduce the risks of water damage to your home.

One of the most important parts of a risk management program is educating yourself and your community on how to protect your homes from water damage. There are many things you can do to prevent water damage, such as fixing leaks as soon as they happen and regularly checking pipes and plumbing fixtures for leaks. You should also have a plan in place in case of flooding, such as having sandbags ready to go or knowing where you can go to stay safe and dry.

Risks can be classified into two types: preventable and unpreventable. Unpreventable risks would be things such as nature-related risks, i.e.: windstorm, hail, lightning.

A risk management program involves:
• educating members on how to protect themselves and their homes;
• setting up preventative maintenance routines;
• planning for emergencies; and
• reviewing your insurance coverage.

Preventative maintenance routines are another important part of reducing risks. By regularly inspecting the common areas and addressing any issues that are found, you can help to prevent accidents before they happen. This can include things like clearing snow and ice from walkways in the winter, checking for trip hazards, and making sure that handrails are secure.

Planning for emergencies is another crucial element of a good risk management program. Having an emergency plan in place will help you to know what to do if something does go wrong. This should include contact information for key personnel, as well as details on where to find important documents. If you have facilities such as a swimming pool or fitness center on-site, you should also have procedures in place for evacuating those areas in the event of an emergency.

Lastly, it’s important to review your insurance coverage periodically to make sure that you are adequately covered in case of water damage. Many homeowner’s insurance policies exclude coverage for floods, so it’s important to know what your policy covers and doesn’t cover. If you live in an area that is prone to flooding, you may want to consider purchasing flood insurance to protect your home.

Conclusion:
Strata councils have a big responsibility when it comes to protecting their properties – but it’s not one that they have to shoulder alone. By implementing a risk management program, councils can take proactive steps to reduce the risks associated with owning a strata property. From educating members on how to stay safe to regularly reviewing your insurance coverage, there are plenty of ways to make sure that your strata property is well-protected.

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Noisy Neighbors & Noise Complaints

Noisy Neighbors & Noise Complaints

by | Oct 25, 2022 | Strata Living

Resolving complaints about a disruptive owner who continually contravenes the bylaws and interferes with others’ use and enjoyment of their strata lot and common property is difficult for every strata council. Often strata councils feel that they are powerless to enforce bylaws particularly if the owner ignores the fines that have been levied.

There are a number of things that a strata council can do when faced with noisy neighbors and noise complaints. The first step is to remind the owner of their obligations under the bylaws and the Strata Property Act. This can be done in writing or in person. If the issue persists, the strata council can consider levying fines. Fines must be reasonable and must be authorized by the bylaws.

If a board receives noise complaints from neighboring homeowners, they may want to consider talking with each neighbor and encouraging them find an amicable solution that works for both parties. If informal mediation fails in resolving the issue between two neighbors and if the issue still persists, the strata council can hire a mediator to help resolve the issue. The mediator will meet with both parties and help them come to an agreement. If mediation is not successful, the next step is to take the matter to arbitration. This is a last resort option as it can be costly and time-consuming.

Noise issues tend to be more technical than other types of nuisances, which is why they may require a more tactful approach. It’s easy to tell a member to have an honest talk about excessive noise with their neighbour, but they may not be comfortable having that talk. Confrontation is uncomfortable. Moreover, neighbours may not be able to solve the problem on their own. If you need to address a noise complaint, do your best to work with your community members and encourage an amicable resolution.

Conclusion:
Noisy neighbors can be a real problem for strata councils. However, there are a number of things that strata councils can do to resolve noise complaints including reminding owners of their obligations, levying fines, hiring a mediator, or taking the matter to arbitration. By taking action, strata councils can help ensure that all owners are able to enjoy their homes in peace.

 

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Pros and Cons of Strata Living

Pros and Cons of Strata Living

by | Oct 25, 2022 | Strata Living

In British Columbia, strata property condos are a type of housing development that is becoming increasingly popular. There are many advantages to living in a strata, such as the shared amenities, the sense of community, and the lower maintenance costs. However, there are also some potential downsides to strata living, such as the strict rules and regulations that can be put in place by the strata council. Before making the decision to live in a strata development, it is important to weigh the pros and cons carefully. Doing so will help to ensure that you make the best decision for your individual needs and preferences.

Unlike traditional single-family homes, strata developments are made up of multiple units that are owned by individual people or families. While strata living has its advantages, there are also some potential drawbacks that should be considered before making the decision to buy a strata property condo. In a condominium, owners own their individual strata lots and together own the common property and assets as a strata corporation. Private balconies and patios are designated ‘limited common property’ for exclusive use.

One of the biggest advantages of strata living is the increased sense of community that it fosters. Because residents share common areas like lobbies and gardens, they have more opportunities to get to know their neighbours and develop friendships. In addition, strata developments often have on-site amenities like fitness centers and swimming pools, which provide residents with additional opportunities to socialize and stay active.

However, strata living is not without its challenges. One potential drawback is the increased likelihood of noise complaints. Because strata properties are often located close together, noise can easily travel from one unit to another. As a result, strata councils need to be strict about enforcing noise rules in order to maintain a respectful environment for all residents. Another potential downside of strata living is the monthly maintenance fee that all owners are required to pay. This fee covers the cost of common area upkeep and strata insurance, but it can add up over time.

Strata bylaws can limit the number or percentage of residential strata lots that may be rented or limit the length of time they may be rented. This often applies to Airbnb. Given our affordable rental housing crisis, the B.C. government and some municipalities are now discouraging stratas from placing restrictions on long-term rentals.

Whether or not strata living is right for you will ultimately depend on your personal preferences and lifestyle needs. If you enjoy being around people and value having access to shared amenities, then a strata property condo might be a good option for you. However, if you prefer peace and quiet or dislike paying monthly fees, you might want to stick with traditional single-family housing.

Be sure to always review the current bylaws and rules and other strata documents before you make your decision to purchase into a condo in a strata development.

 

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Conflicts and Bullying in Strata Corporations

Conflicts and Bullying in Strata Corporations

by | Oct 25, 2022 | Strata Living

Strata corporations are governed by a complex set of rules and regulations, which can often lead to conflict between strata council members and strata owners. One of the most common sources of conflict is when strata council members feel that they are being bullied by strata owners. This can often happen when strata owners disagree with strata council decisions or feel that they are not being adequately consulted on important matters. While it is understandable that strata owners may feel frustrated at times, it is important to remember that bullying is not an acceptable way to resolve conflicts. If you are experiencing bullying behavior from a Strata Owner, it is important to report it to the strata council so that they can take appropriate action.

Strata corporations are complex organizations, made up of individual unit owners who each have their own rights and responsibilities. While the strata corporation itself is responsible for the common areas and shared facilities, each unit owner is responsible for their own unit. This can often lead to conflicts, as unit owners may have different ideas about how the strata property should be run.

One of the most common types of strata conflict is between unit owners and the strata council.
The strata council is responsible for making decisions about the strata property, and they may not always take the wishes of individual unit owners into account. This can sometimes lead to unit owners feeling like they are being bullied by the strata council.

Another common type of strata conflict is between unit owners and the strata property management company.
The strata property management company is responsible for day-to-day operations of the strata property, and they may not always make decisions that are in the best interests of all the unit owners. This can sometimes lead to unit owners feeling like they are being bullied by the strata property management company.

Strata community conflicts can have long reaching affects including health and wellbeing. For some the stress can be overwhelming. Owners come from varied cultural/political backgrounds; have different interests, values and are generally unprepared to address conflict in a group setting. This “community” can undergo change when there is conflict. Healthy forms of conflict can improve the community while disruptive conflict or entrenched conflicts can weaken and damage it.

So what causes the conflict that results in bullying tactics? Catalysts for conflict include:

Power – as referenced above many are motivated by power and want to hold the reigns of control. A group may believe they represent the greater good and that they have the best vision however they tend to trample over the rights of others.

Values – owners can disagree on collective goals and prioritize differently. This can be particular true when addressing financial issues.

Interests – motivations for ownership are not all the same. A strata council must act in the best interests of all owners yet individual interests can collide with the collective.

If you are involved in a strata conflict, it is important to remember that there are ways to resolve the situation without resorting to bullying or aggression. You can talk to your neighbours to try to come to a resolution, or you can contact your strata council or strata property management company to discuss your concerns. If you feel like you are being bullied, you can also contact your local anti-bullying organization for support and advice.

 

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

B.C. Strata Property Act – Section 35

B.C. Strata Property Act – Section 35

by | Dec 29, 2021 | Strata Living, Strata Property Act

The Strata Property Act requires transparency on the part of a strata corporation. This transparency is an important part of the democratic governance system create by the legislation. Under section 35 of the Strata Property Act, a strata corporation must prepare and maintain the following records:

STRATA PROPERTY ACT [SBC 1998] CHAPTER 43 Part 4 — Strata Corporation Governance Division 1 — The Council

Section 35 (1)

The strata corporation must prepare all of the following records:

(a) minutes of annual and special general meetings and council meetings, including the results of any votes;

(b) a list of council members;

(c) a list of

(i) owners, with their strata lot addresses, mailing addresses if different, strata lot numbers as shown on the strata plan, parking stall and storage locker numbers, if any, and unit entitlements,

(ii) names and addresses of mortgagees who have filed a Mortgagee’s Request for Notification under section 60,

(iii) names of tenants, and

(iv) assignments of voting or other rights by landlords to tenants under sections 147 and 148;

(d) books of account showing money received and spent and the reason for the receipt or expenditure;

(e) any other records required by the regulations.

(2) The strata corporation must retain copies of all of the following:

(a) the records referred to in subsection (1);

(b) the registered strata plan and any strata plan amendments as obtained from the land title office;

(c) this Act and the regulations;

(d) the bylaws and rules;

(e) resolutions that deal with changes to common property, including the designation of limited common property;

(f) waivers and consents under section 41, 44 or 45;

(g) written contracts to which the strata corporation is a party;

(h) any decision of an arbitrator or judge, or of the civil resolution tribunal, in a proceeding in which the strata corporation was a party, and any legal opinions obtained by the strata corporation;

(i) the budget and financial statement for the current year and for previous years;

(j) income tax returns, if any;

(k) correspondence sent or received by the strata corporation and council;

(l) bank statements, cancelled cheques and certificates of deposit;

(m) Information Certificates issued under section 59;

(n) the records and documents referred to in section 20 or 23 obtained by the strata corporation;

(n.1) any depreciation reports obtained by the strata corporation under section 94;

(n.2) any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers’ reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report;

(n.3) any electrical planning reports obtained by the strata corporation under section 94.1;

(n.4) any reports obtained by the strata corporation respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure;

(o) any other records required by the regulations.

(3) Records referred to in this section must be retained by the strata corporation for the periods set out in the regulations.

Source: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_04

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.