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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If new patios and sliding doors were being done for the upper

Customer Question

If new patios and sliding doors were being done for the upper units in a 20 unit building, can they(strata) refuse new sliders to the 6 bottom units? And the bottom units still had to pay the full assessment value, and received not so much as a nail, and were inconvenienced due to scaffolding etc. shouldn't all units be entitled to the same items! Now the upper units are worth more due to new sliding patio doors and balconies, and the lower units have to pay an extra $4000.00 to get new patio doors, and this is above what was already paid for the assessment?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

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Thanks for requesting me.

Well, that is not what happens in a Strata where the Council understands their obligations.

The Council members owe all owners a fiduciary duty.

And they are required to apply the rules, by-laws, penalties and benefits etc equally and fairly to all.

It's not fair and acceptable that the bottom units were treated differently. All are entitled to the same upgrades and to have their units increase in value as well.

I suggest the owners of the lower 6 units consult with a strata lawyer at once with a view to retaining the lawyer to send the Council a letter essentially threatening a lawsuit.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85422
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you
Customer: replied 10 months ago.
Does it matter that it was voted at the AGM meeting to go ahead with the original vote.
What happened was that council added all windows to the second original assessment. This so all 21 units would have new windows as well as patio doors and balconies. This total of funds owing contractor was $350,000
Which also included, inflation (as original quote was from 2 years ago and didn't have windows, or engineers fee or insurance etc, etc.

People freaked due to the large amount so when things got heated, at meeting, windows were taken out if thevequasion, and the Vice President of strata council said ok keys go back tonthevoriginal vote!

ORIGINAL VOTE FROM 2009,

So I don't think a lot of people knew what they were voting on, just the fact that the windows were not part of the equasion.

For example , our total owing with windows $12,000 with out windows $9000.00

When people had gotten proxies from units it was to vote no for windows, but going back to the 2009 original vote , which had the lower units recieving nothing.
The second one had lower units recieving patio doors, but this was now not the case.

We put out faith in the strata member at his word that that's what happens in a strata situation, but when speaking with others, have been told that the lower units are entitled to the same items as above.

So in an easy answer, we are entitled to patio doors at the same price, on the assessment as the upper units.

Sorry if I sound stupid, but it's been a long haul, we just purchased our unit last year, and understood when we purchased that we were recieving a patio door, and we knew about the new assessment coming up, and our realtor said it would be about$ 4000.00' then it comes in at $9000.00 with out a patio door.

Being new to the strata situation, didn't really know what's true.

I will definitely contact a strata lawyer, as when reading the strata regulations, they are not an easy read.

Thnkd

Expert:  Legal Ease replied 10 months ago.
I cannot really analyze the details because you need a face to face consultation for that but the botXXXXX XXXXXne is it's not OK to treat some owners better than others and if that's what has happened you have the right to have this redressed.

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