306 - 620 View Street, Victoria, B.C. V8W 1J6 General Office Email: [email protected] Office Telephone: (250) 920-0688 or 1-855-38VISOA (1-855-388-4762) Strata Support Team: 250-920-0222 or 1-877-33VISOA (1-877-338-4762) VISOA Web site: www.visoa.bc.ca Vancouver Island Strata Owners Association VISOA Bulletin - MAY 2018 Editor’s Angle David Grubb, Co-Editor our employees (and keeping Board amendment of SPA Regulation 6.9 On being officially “appointed” co- members in line). We owe a huge to accommodate specific groups of editor of the Bulletin, I recognized, “Bravo Zulu”, as the Navy says, to owners sharing expenses in preparation Latin having been inflicted on me from Sandy for her outstanding work. for Electric Vehicle charging stations. an early age (now mostly forgotten), So I will give my best shot at keeping Of particular interest is an that “co-“ is an abbreviation of “con”, the Bulletin rolling off the press every announcement from the BC Law signifying “with”. But “con” has many quarter, with the advice and help of Institute Committee regarding the secondary meanings. So am I editing Sandy, Georgia Ireland who formats release of their Consultation Paper with Sandy or have I been conned? each edition so creatively, and the on Governance Issues in Stratas. It is Realistically, I have been a copy other members of the Board who add a well written but detailed study with editor for some years, content to check their expertise as well. their recommendations of sections of punctuation, spelling and grammar, Sandy will maintain her President’s the Act dealing with how stratas should and rephrase some sentences for Report which will concentrate on the rule themselves, including potential clarity. But I have not dealt with activities of the Board and, with input effects on the Standard Bylaws and finding writers and articles, layout, from our members, represent VISOA probably individual stratas’ bylaws. It advertisements, lists of business in dealing with developments and is well worth all strata owners’ reading members, and all the small details that issues in the strata community about and we encourage feedback to the go into the production. Nonetheless, which strata owners are concerned. Committee: especially the long form. it is time someone lifted the burden In this issue, in addition to some (Deadline: June 15, 2018) from Sandy’s shoulders after 8 years ever-valuable information about bylaw As ever, we are always on the at the job. And that was in addition enforcement and common property look-out for articles which may be to becoming President, organizing usage (Pets & Parking! Again!), of interest to strata owners. So if you seminars and workshops, serving we have some solid advice from have something to share or would like on several provincial committees business member Cameron Carter to see some information about a topic, concerned with stratas, liaising about insurance and the replacement please do not hesitate to send us a note with other agencies, supervising cost of a condominium, and the latest at [email protected]. In this issue... BOARD OF DIRECTORS 2018 • Editor’s Angle David Grubb ..........................................................................................................1 EXECUTIVE • You Asked: The More Things Change... Harvey Williams ....................................................................3 President - Sandy Wagner • You Asked: Who is Responsible for Leak? David Grubb .......................................................................3 Vice President - • The Importance of Insuring a Condominium to its Full Replacement Cost Cameron Carter ...............7 Paulette Marsollier • BCLI Seeks Your Input on Governance Issues for Strata Corporations Kevin Zakreski ........................11 Secretary - David Grubb • Introducing New Business Members ..................................................................................................10 • Business Members Directory ..............................................................................................................12 Treasurer - Betty-Ann Rankin • But It Has Always Been My Unit’s Parking Space! David Grubb .........................................................15 DIRECTORS AT LARGE • Pet Problems Shawn M. Smith ........................................................................................................19 • Plugging Into User Fees Wendy Wall ................................................................................................22 Deborah Fraess, • President’s Report Sandy Wagner ...................................................................................................24 Lynn Klein, Wendy Wall “Assisting Strata Councils and Owners since 1973” VISOA Bulletin May 2018 • 1 The More Things Change... [The following “You Asked” article was written for the March, 2003, Bulletin by our veteran Helpline person, and sometime editor & president. It is reprinted here because it answers the same question the Strata Support Team still gets! And the answer has not substantially changed! Ed.] only one person wants to serve on ers. Moreover, they are apt to be criti- the strata council? cized by fellow owners who disagree with their decisions. The strata council is the principal means by which strata owners partici- pate in the management of their strata Bulletin, March 2003 property. While the Strata Property Act (SPA) doesn’t require any par- YOU ASKED ticular owner to serve, it does require Harvey Williams the election of a strata council from Have a question about managing among owners or their designates. A. Difficulty in finding owners will- your strata corporation? Ask us. If we The parameters of the strata council ing to serve on the strata council is don’t know the answer, we’ll either are set out in Sections 25 and 26 of the a perennial problem in most strata find it for you or direct you to where SPA which read as follows: corporations. One reason for owner you can find the answer. Questions reluctance to serve on councils is may be rephrased to mask the identity 25 At each annual general meeting that the motivation for purchasing a of the questioner and to improve clar- the eligible voters who are present condo in the first place was to escape ity when necessary. We do not provide in person or by proxy at the meeting the burden of home management and legal advice and our answer should must elect a council. maintenance. It often comes as an un- not be construed as such. However, pleasant surprise to first-time condo we may, and often will, advise you 26 Subject to this Act, the regulations owners to discover that they are ex- that you need legal advice. and the bylaws, the council must ex- pected to serve on the strata council ercise the powers and perform the du- from time to time. Q. What happens when no one, or ties of the strata corporation, includ- It may seem to ing the enforcement of bylaws and them that they have rules. Finally! A Permanent, only exchanged one set of problems for Although the Act leaves the size of another even more Environmentally Friendly the council to the bylaws, not having complex set of prob- a council is not an option even though Asphalt Patch lems. In their single a strata corporation employs a man- family dwelling, agement firm. It is also left to the by- they made all the laws to define a quorum for council decisions and paid meetings. Although Section 9 of the all the costs. In a Standard Bylaws states that a council condominium, man- must have not less than 3 and up to agement decision Finally! A Permanent, 7 members, a strata corporation will are made collective- adopt a different number of members Environmentally Friendly ly and the costs are on the council if there are fewer than shared among the Asphalt Patch four units in the strata corporation. In owners. As a coun- that case all owners will be on coun- cil member, they are cil. called upon to make What happens when not enough decision in coop- owners are willing to serve on the 776 Cloverdale Ave at Oak St. for more info eration with and on 250-727-3545 [email protected] behalf of other own- Continued on page 5 VISOA Strata Support Team (250) 920-0222 • General information - [email protected] VISOA Bulletin May 2018 • 2 YOU ASKED By VISOA Strata Support Team Have a question about managing your strata corporation? Ask us, we’ve had a lot of experience helping strata corporations solve problems - perhaps we can help you. Questions may be rephrased to conceal the identity of the questioner and to improve clarity when necessary. We do not provide legal advice, and our answers should not be construed as such. However, we may, and often will, advise you to seek legal advice. eons, then any leaks, etc. become unlikely to be the fault of the original the responsibility of the owner, contractor or plumber: pipes simply whether they be original owners or wear out and a minor disturbance might be just sufficient to open up a pinhole leak or a crack. Nor is the “fault” necessarily that of the plumber who was working in the unit to replace the fixtures. I am WHO IS RESPONSIBLE FOR sure that most plumbers can tell you about occasions where they have LEAKS? replaced some fixtures, or did some not, having bought the faults along relatively minor work, but their with all the other trappings that By David Grubb work was just enough to trigger such come with ownership in a Strata. a small leak (shake the pipe, cause Anyway, should I be calling in the it to vibrate just enough) but the Q. An apartment owner in our strata’s insurance company to look result might not show up for a while building doing due diligence had a at this whole mess? Should it be the because it started as a slow drip (or plumber in to make repairs to their strata’s problem in the first place? it might be more forceful but not be bathroom drains and shower taps What happens if the repairs cost less noticed for a while especially if the etc. In doing this there was some than our deductible? original job didn’t involve opening damage that has caused a leaking the wall up).