It seems an owner (Let\u2019s call him Jack) and a council member (Jill) had ongoing differences of opinion about the Canucks flag draped over his balcony during hockey season.<\/p>\n
Jack put his condo on the market and got a great offer \u2013 but when Jack went asking for an Information Certificate (Form B) from the strata council, Jill (being a Flames fan) refused to provide the form unless Jack removed the flag.<\/p>\n
Was she, as a council member, in the right? No! Section 59(1) of the Act states \u201cWithin one week of a request by an owner, a purchaser or a person authorized by an owner or purchaser, the strata corporation must give to the person making the request an Information Certificate in the prescribed form.\u201d<\/p>\n
Now let\u2019s say the sale fell through because Jack could not give the Form B to the buyer and he didn\u2019t get another offer for 2 months and it was $10,000 less. The strata corporation is served with a writ by Jack\u2019s lawyer, and Jill is put into the position of explaining to the ownership about why they need to pay a special levy for legal fees.<\/p>\n
Having worked with over a hundred strata councils, I find it is not uncommon for personal feelings or opinions to get involved in the decisions sometimes made by councils.<\/p>\n
However, following the letter of the law is the best (and cheapest!) way to go.<\/p>\n
<\/p>\n
More on that Canucks fl ag and bylaws next month… go, Canucks, go!<\/p>\n
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[author] [author_image timthumb=’on’]http:\/\/www.holywell.ca\/rent\/wp-content\/uploads\/2012\/07\/Niina-Mayhew.jpg[\/author_image] [author_info]<\/p>\n
Niina Mayhew, the strata manager for Holywell Properties, has close to twenty five years of experience in the real estate industry.<\/p>\n
She recently moved to the Sunshine Coast from the Thompson Okanagan region to be closer to family. Before joining Holywell Properties, Niina was a senior property manager, leading a team of property managers and support staff and overseeing the operation of 60 strata corporations based in resort locations from Kamloops to the BC\/Alberta border.<\/p>\n
She is well versed in working with stratas, including sections, quarter and time shares, condo hotels, commercial and bare land strata corporations.<\/p>\n
She is firm believer that communication is everything in working with strata councils and owners, and while she takes her job seriously, often finds humor in it as well.<\/p>\n
Niina has acted in a consulting role with developers, from \u00a0small family oriented townhome complexes to sectioned air space strata corporations.<\/p>\n
Her expertise can assist developers in understanding the requirements of the Strata Property Act, preparing budgets and disclosures as well as preparing for the first annual general meeting.<\/p>\n