Seahawks85 Posted September 3, 2016 Share Posted September 3, 2016 First of all I just want to declare I am an idiot for not reading the bylaws when I moved in therefore not submitting these things in time: I just received 2 fines from my strata, a $50 fine for not providing my emergency contacts and a $350 fine for not submitting proof of insurance. This is the first time I've been fined and got hit with 2 at once. The emergency contacts were due at the end of January and the proof of insurance were due by May 31. Any suggestions on having the $350 fine reduced? Is this even possible? Also should I be asking my Strata agent this or should I go to the Strata council to try and have this reduced? I've been reading this site and have a few questions http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/operating-a-strata/bylaws-and-rules/enforcing-bylaws-and-rules Wouldn't the max fine be $200 since it isn't a rental restriction breach? And am I supposed to get a warning first before they can fine me? Thanks Link to comment Share on other sites More sharing options...
Alflives Posted September 3, 2016 Share Posted September 3, 2016 1 hour ago, Seahawks85 said: First of all I just want to declare I am an idiot for not reading the bylaws when I moved in therefore not submitting these things in time: I just received 2 fines from my strata, a $50 fine for not providing my emergency contacts and a $350 fine for not submitting proof of insurance. This is the first time I've been fined and got hit with 2 at once. The emergency contacts were due at the end of January and the proof of insurance were due by May 31. Any suggestions on having the $350 fine reduced? Is this even possible? Also should I be asking my Strata agent this or should I go to the Strata council to try and have this reduced? I've been reading this site and have a few questions http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/operating-a-strata/bylaws-and-rules/enforcing-bylaws-and-rules Wouldn't the max fine be $200 since it isn't a rental restriction breach? And am I supposed to get a warning first before they can fine me? Thanks My strata fined me for smelling up the bathroom. I went to council, but that didn't help. So I took her to dinner, and now Mrs. Alf is happy. Try seducing the female council members? Link to comment Share on other sites More sharing options...
KFBR392 Posted September 4, 2016 Share Posted September 4, 2016 Offer them half. What are they going to do.. hire a lawyer? Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 The maximum fines are located in your bylaws so you need to read them to see if it is actually $350. However according to the Strata Property Act the maximum fine for a bylaw violation is $200 and for a rental restriction is $500. Also these fines can be imposed every 7 days after the fine has been administered until you pay up. So perhaps Council has tacked on the extra fees to bring it to $350. Council may issue you a warning first but they can go ahead and fine you without one. Going to the Strata Property Manager is a waste of time, they won't do anything. You will need to take this up with Council if you want a reduction in your fine. As per section 34.1 of the Strata Property Act you are entitled in writing to request a meeting with Council to discuss your situation, i.e. a reduction in your fines, and they have 7 days to render a decision. My office does Strata Property Mangement so if you have any problems just let me know... Request for council hearing 34.1 (1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting. (2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request. (3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing. Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 11 minutes ago, KFBR392 said: Offer them half. What are they going to do.. hire a lawyer? By law they can impose a penalty of the amount of the fine every 7 days until you pay up. If you don't pay up the Council has the authority to seek legal counsel and put a lien on your property. When you sell your property the lien will have to be paid out of the proceeds of your sale. I've seen lots of people have to pay up once they sell their property. Plus it will be brought up at every strata meeting that you are not paying your fines and is recorded in the minutes, so everyone will know you owe money. Link to comment Share on other sites More sharing options...
Rocky Balboa Posted September 4, 2016 Share Posted September 4, 2016 14 minutes ago, KFBR392 said: Offer them half. What are they going to do.. hire a lawyer? 2 minutes ago, Harvey Spector said: By law they can impose a penalty of the amount of the fine every 7 days until you pay up. If you don't pay up the Council has the authority to seek legal counsel and put a lien on your property. When you sell your property the lien will have to be paid out of the proceeds of your sale. I've seen lots of people have to pay up once they sell their property. Plus it will be brought up at every strata meeting that you are not paying your fines and is recorded in the minutes, so everyone will know you owe money. Liens are only for strata fees and special levies. But...you will need to pay all fines before you sell. Link to comment Share on other sites More sharing options...
Seahawks85 Posted September 4, 2016 Author Share Posted September 4, 2016 15 minutes ago, Harvey Spector said: The maximum fines are located in your bylaws so you need to read them to see if it is actually $350. However according to the Strata Property Act the maximum fine for a bylaw violation is $200 and for a rental restriction is $500. Also these fines can be imposed every 7 days after the fine has been administered until you pay up. So perhaps Council has tacked on the extra fees to bring it to $350. Council may issue you a warning first but they can go ahead and fine you without one. Going to the Strata Property Manager is a waste of time, they won't do anything. You will need to take this up with Council if you want a reduction in your fine. As per section 34.1 of the Strata Property Act you are entitled in writing to request a meeting with Council to discuss your situation, i.e. a reduction in your fines, and they have 7 days to render a decision. My office does Strata Property Mangement so if you have any problems just let me know... Request for council hearing 34.1 (1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting. (2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request. (3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing. I wasn't aware Pearson Spector Litt handled that kind of stuff Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 9 minutes ago, Rocky Balboa said: Liens are only for strata fees and special levies. But...you will need to pay all fines before you sell. Yes that is true, I got mixed up with the strata fees. Also, if a lien is put on your property Council has the right to start a civil claim and foreclosure proceedings through the Supreme Court. So they will get their money one way or the other. Also if you don't pay those fines it will be brought up at every Council meeting making you look like an arse. Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 8 minutes ago, Seahawks85 said: I wasn't aware Pearson Spector Litt handled that kind of stuff Haha, Mike is in jail and we are out of cash so we are even doing the petty stuff to stay afloat... Link to comment Share on other sites More sharing options...
Seahawks85 Posted September 4, 2016 Author Share Posted September 4, 2016 4 minutes ago, Harvey Spector said: Haha, Mike is in jail and we are out of cash so we are even doing the petty stuff to stay afloat... Thanks for the responses A few more questions: Does the enforcement process not apply? If not, does it go in the strata minutes if they reduce my fine? Spoiler Steps in the Enforcement Process The following steps must be taken by parties in dealing with complaints of alleged bylaw and rule violations. A strata corporation must receive a complaint. The strata council must then give the alleged offender written notice of the complaint. If the alleged offender is a tenant, the strata council must also give the landlord and owner written notice of the complaint. The strata council must decide whether to proceed with enforcement. It may give the alleged bylaw or rule offender a warning or time to comply with the bylaw or rule after the alleged offender receives the written notice. If the breach is corrected, the strata council may decide not to take any further steps or the strata council may proceed with further enforcement. If the strata council decides to proceed with enforcement, it must give the alleged offender a reasonable opportunity to respond to the complaint, including an opportunity to respond at a hearing at a strata council meeting, if requested. (Strata Property Regulation 7.2 defines hearing as "an opportunity to be heard in person at a council meeting" for the purposes of Section 135 (1) (e) of the Strata Property Act). If the alleged offender is a strata council member, that member must excuse himself or herself from the complaint process, unless all strata lot owners are on the strata council. Once the alleged offender has answered or been given a reasonable opportunity to answer the complaint, the strata council must decide whether a bylaw or rule has been broken by the alleged offender. If the strata council decides that a bylaw or rule has been broken, it must then decide how to enforce the bylaw or rule against the offender. Finally, the strata council must give written notice of its decision, “as soon as feasible” to: the offender or alleged offender; and the landlord and owner, if the offender or alleged offender is a tenant. Note: the strata council may give the alleged rule or bylaw offender a warning at any time before proceeding with other enforcement options. Link to comment Share on other sites More sharing options...
Realtor Rod Posted September 4, 2016 Share Posted September 4, 2016 In my experience you are going to have to pay the full amount. I have sold units for stratas where they had put liens on and started legal proceedings because the owner was digging his heels in. His fines were less than yours and they were granted conduct of sale. It was a nightmare. I could write multiple books of stories dealing with idiotic stratas. Link to comment Share on other sites More sharing options...
Seahawks85 Posted September 4, 2016 Author Share Posted September 4, 2016 Ya to be honest it was totally my mistake. I really don't know if I wanna nickle and dime my strata over $400 since I don't see myself moving out anytime soon. There goes my drinking money for a few weeks. Sober September here we come? Link to comment Share on other sites More sharing options...
Realtor Rod Posted September 4, 2016 Share Posted September 4, 2016 2 minutes ago, Seahawks85 said: Ya to be honest it was totally my mistake. I really don't know if I wanna nickle and dime my strata over $400 since I don't see myself moving out anytime soon. There goes my drinking money for a few weeks. Sober September here we come? Start a kickstarter or another donation and get the world to cover it. Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 13 minutes ago, Seahawks85 said: Ya to be honest it was totally my mistake. I really don't know if I wanna nickle and dime my strata over $400 since I don't see myself moving out anytime soon. There goes my drinking money for a few weeks. Sober September here we come? Learning experience my friend... Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 4, 2016 Share Posted September 4, 2016 Haha, you can start a Go Fund Me account. Just say your unemployed, have a sick kid and are getting kicked out of your home. Some sucker will cut you a cheque... Link to comment Share on other sites More sharing options...
Seahawks85 Posted September 4, 2016 Author Share Posted September 4, 2016 Can I pretend to be female on gofundme? Link to comment Share on other sites More sharing options...
Realtor Rod Posted September 4, 2016 Share Posted September 4, 2016 30 minutes ago, Seahawks85 said: Can I pretend to be female on gofundme? Yes Link to comment Share on other sites More sharing options...
KFBR392 Posted September 4, 2016 Share Posted September 4, 2016 2 hours ago, Harvey Spector said: By law they can impose a penalty of the amount of the fine every 7 days until you pay up. If you don't pay up the Council has the authority to seek legal counsel and put a lien on your property. When you sell your property the lien will have to be paid out of the proceeds of your sale. I've seen lots of people have to pay up once they sell their property. Plus it will be brought up at every strata meeting that you are not paying your fines and is recorded in the minutes, so everyone will know you owe money. Ok. Maybe OP should just pay in full then... Link to comment Share on other sites More sharing options...
Vanisleryan Posted September 5, 2016 Share Posted September 5, 2016 Link to comment Share on other sites More sharing options...
Harvey Spector Posted September 5, 2016 Share Posted September 5, 2016 On September 3, 2016 at 6:28 PM, Seahawks85 said: Thanks for the responses A few more questions: Does the enforcement process not apply? If not, does it go in the strata minutes if they reduce my fine? Reveal hidden contents Steps in the Enforcement Process The following steps must be taken by parties in dealing with complaints of alleged bylaw and rule violations. A strata corporation must receive a complaint. The strata council must then give the alleged offender written notice of the complaint. If the alleged offender is a tenant, the strata council must also give the landlord and owner written notice of the complaint. The strata council must decide whether to proceed with enforcement. It may give the alleged bylaw or rule offender a warning or time to comply with the bylaw or rule after the alleged offender receives the written notice. If the breach is corrected, the strata council may decide not to take any further steps or the strata council may proceed with further enforcement. If the strata council decides to proceed with enforcement, it must give the alleged offender a reasonable opportunity to respond to the complaint, including an opportunity to respond at a hearing at a strata council meeting, if requested. (Strata Property Regulation 7.2 defines hearing as "an opportunity to be heard in person at a council meeting" for the purposes of Section 135 (1) (e) of the Strata Property Act). If the alleged offender is a strata council member, that member must excuse himself or herself from the complaint process, unless all strata lot owners are on the strata council. Once the alleged offender has answered or been given a reasonable opportunity to answer the complaint, the strata council must decide whether a bylaw or rule has been broken by the alleged offender. If the strata council decides that a bylaw or rule has been broken, it must then decide how to enforce the bylaw or rule against the offender. Finally, the strata council must give written notice of its decision, “as soon as feasible” to: the offender or alleged offender; and the landlord and owner, if the offender or alleged offender is a tenant. Note: the strata council may give the alleged rule or bylaw offender a warning at any time before proceeding with other enforcement options. It depends how "thorough" your strata manager is. I've seen some strata managers record everything in the minutes, you know the young and up and comers, and then I've seen some older veterans who are really busy who just do the basics and barely record anything. Like I mentioned as per section 34.1 of the strata act you can request a private meeting with Council to discuss your fines and then see what they say. I wouldn't bring it up at a general open meeting. Not sure what you mean by the enforcement process applying or not. They've already fined you so it's irrelevant. You just have to meet with them to try and get the fines reduced or, like you said, pay up and not drink for a couple weeks. Link to comment Share on other sites More sharing options...
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