Customer reply replied 2 years ago
July 26 - Third Letter written from Winford: Register pet, only 1 pet, and 2 pets in recreational areaAug 12 - Letter written and sent to WynfordSept 12 - Fourth letter written from Wynford informing us of their decision: $250 fine and no dogsHere is the text of the letters I was sent and the letter I wrote to the strataLetters from and to Wynford Property ManagementJuly 19 - First letter written from Winford: Allowing 2 dogs recreational areaJuly 19. 2019Dear Tenants:Re: Strata Plan BCS 2730, The Flo, Strata Lot #19 (###) ###-####Alderbridge Way, RICHMOND, BC
Rule Complaint — PetsWe write on behalf of the Council of Owners, Strata Plan BCS 2730, The Flo. The Strata Corporation has received the following complaint for which you may be responsible:July 12, 2019, from approximately 7:00 p.m. to 7:30 p.m.:• Allowing your dog in the 5th floor garden (see attached photo).This Rule infraction appears to constitute a breach of the following Rule(s) of the Strata Corporation:
PET IN OUTDOOR RECREATIONAL AREA 1) No dog or any other pet is permitted anywhere on the outdoor recreational area on the 5th floor.The Strata Council is considering whether a fine of up to 550.00 should be levied against the Strata Lot account for the apparent Rule contravention.Pursuant to Section 135(1) of the Strata Property Act, you are granted the opportunity to answer the complaint, including a hearing before the Strata Council, if requested. Failure to respond in writing within 21 days of the date of this letter will result in the Strata Council determining whether or not to impose a fine or other penalty at its next meeting.Yours truly, ***** ***** GROUP Managing Agents for BCS 2730, The Flo Per:Ken Ho Strata Manager
cc: Council President Administration Owner(s)*****DISTANT PHOTO OF ME WITH @ DOGS INCLUDED ON PAGE 2******------------------------------------------------------------------------------------------------------------------
July 24 - Second letter written from Winford: Dog in recreational areaJuly 24,2019Dear Tenants:Re: Strata Plan BCS 2730, The Flo, Strata Lot #19 (###) ###-####Alderbridge Way,
RICHMOND, BCRule Complaint — PetsWe write on behalf of the Council of Owners, Strata Plan BCS 2730, The Flo.The Strata Corporation has received another complaint for which you may be responsible:July 19, 2019 at 7:15 pm• Allowing your dog in the 5th floor gardenThis Rule infraction appears to constitute a breach of the following Rule(s) of the Strata Corporation:PET IN OUTDOOR RECREATIONAL AREA 1) No dog or any other pet is permitted anywhere on the outdoor recreational area on the 5th floor. The Strata Council is considering whether a fine of up to S50.00 should be levied against the Strata Lot account for the apparent Rule contravention.Pursuant to Section 135(1) of the Strata Property Act, you are granted the opportunity to answer the complaint, including a hearing before the Strata Council, if requested. Failure to respond in writing within 21 days of the date of this letter will result in the Strata Council determining whether or not to impose a fine or other penalty at its next meeting.Yours truly, ***** ***** GROUP Managing Agents for BCS 2730, The Flo Per:Ken Ho Strata Manager
cc: Council President Administration Owner(s)------------------------------------------------------------------------------------------------------------------July 26 - Third Letter written from Winford: Register pet, only 1 pet, and 2 pets in recreational areaJuly 26. 2019Dear Tenants:Re: Strata Plan BCS 2730, The Flo, Strata Lot #19 (###) ###-####Alderbridge Way, RICHMOND, BC
Bylaw & Rule Complaint — PetsWe write on behalf of the Council of Owners, Strata Plan BCS 2730, The Flo. The Strata Corporation has received the following complaint for which you may be responsible:July 20, 2019, at approximately 1:00 p.m.:• Allowing two (2) dogs to the outdoor recreational area on the 5th floor.This infraction appears to constitute a breach of the following Bylaw(s) and Rule(s) of the Strata Corporation:Bylaw: Use of Property 3. (4) An Owner, Tenant or occupant shall be entitled to keep one, but not more than one, domestic pets in a Strata Lot unless another pet is otherwise approved in writing by the Strata Council. Pets are defined as domesticated animals kept for pleasure rather than utility. Seeing eye dogs are exempted from this Bylaw. An Owner, Tenant or occupant that keeps a pet must comply with these Bylaws and any Rules enacted by the Strata Council on behalf of the Strata Corporation with respect to the keeping of pets.Rule: An owner, tenant, or occupant that keeps a pet in a strata lot, either permanently or temporarily, shall register that pet with the strata council by providing to the strata council a written notice. signed by the owner, tenant, or occupant setting out the name, breed and colour of the pet, the strata lot number of the strata lot in which the pet is kept, the name and telephone number of the owner of the pet and the license number of the pet (when a pet is required to be licensed).PET IN OUTDOOR RECREATIONAL AREA 1) No dog or any other pet is permitted anywhere on the outdoor recreational area on the 5th floor.The Strata Council is considering whether a fine of up to $250.00 should be levied against the Strata Lot account for the apparent Bylaw and Rule contravention.Pursuant to Section 135(1) of the Strata Property Act, you are granted the opportunity to answer the complaint, including a hearing before the Strata Council, if requested. Failure to respond in writing within 21 days of the date of this letter will result in the Strata Council determining whether or not to impose a fine or other penalty at its next meeting.Yours truly, ***** ***** GROUP Managing Agents for BCS 2730, The Flo Per:Ken Ho Strata Manager
cc: Council President Administration Owner(s)Aug 12 - Letter written and sent to WynfordAug, 12, 2019Wynford (###) ###-####W 73rd Ave
Vancouver BC V6P 6G5To: ***** ***** of Owners, Strata Plan BCS 2730, The Flo, Ken Ho, Council PresidentThis letter is in regards ***** ***** letters1. Dated July 19, 2019Re: Complaint “Allowing dog in the 5th floor garden” on July 12, 2019 7:00 pm -7:30 pmAnd2.Dated July 24th 2019Re: Allowing your dog on the 5th floor garden July 19 2019 7:15 pm3.Dated July 26th 2019Re: “Allowing (2) dogs to the outdoor recreational area on the 5th floor on July 20, 2019 1:00 pmAndRe: Bylaw, Use of property, 3. (4)Hello,I thank you humbly for informing me of my alleged Rule and By Law contraventions. I apologize for the delayed response as we were away for a week in Winnipeg and then unfortunately my wife had a death by suicide in her family and had to attend a funeral in Toronto. Then I had to buy a new printer as ours decided to inconveniently stop working. Not asking for sympathy just explaining the delay.As soon as I received a phone call from Eric our building manager (on July 20th) about my alleged rule contravention I immediately ceased all activities that would be considered a rule contravention. As you are aware there haven't been any further rule contraventions since I spoke to Eric.A verbal warning would have and ultimately did suffice as I am a reasonable individual and the last thing I want to do is break any rules or cause any residents any distress, as I’m sure everyone at the Flo adheres strictly to every Rule and By Law of the Strata Corporation without fail.My response will deal first with the 3 rule contraventions and then the more serious issue of the Bylaw separatelyRule ContraventionIn regards ***** ***** Rule Contravention and the fines of up to $50.00 CAD my response will cite the Strata Property Act of BC and then comment upon the act as I see it pertaining to our current dilemma:Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 7 — Bylaws and Rules
Division 3 — Enforcing the Bylaws and Rules
Rules 129 (2)“Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.”Unfortunately, as I was unaware of the rule and I did not receive a warning, written or oral, until I spoke to Eric, and then subsequently the first letter dated July 19 2019 which I did not receive until July 25th I and the second letter dated July 24th we didn’t receive until the 30th I believe it would be unfair to render a fine to me, the tenant, or the landlord/owner of the strata lot. Especially as it is my greatest wish to comply with any and all rules and by laws of the Strata Corp as I have done since the verbal warning on July 20th.Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 7 — Bylaws and Rules
Division 1 — General
Rules 125 (3)“All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.”Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 8 - Rentals
Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant 146“(1) Before a landlord rents all or part of a residential strata lot, the landlord must give the prospective tenant
(a)the current bylaws and rules, and
(b)a Notice of Tenant's Responsibilities in the prescribed form.”With great regret, I was not provided the rules or by laws of the Strata Corp of the Flo. Please let me know where I can obtain an up to date copy and I will be sure to read and follow the rules and by laws in the future. I am not assigning blame and in my opinion neither should the council as the property manager for our Strata lot should have provided it the owner of the strata lot had told the property manager to give us a copy.In conclusion regarding the Rule Contraventions, one of the major reasons I did not know about the rule is that there are signs on the doors (that I honestly never noticed previously) to the 5th floor garden but I do not use those doors ever I always use the door to the gym or just walked out my patio door. Not an excuse just an observation.By Law ContraventionIn regards ***** ***** By Law Contravention and the fines of up to $200.00 CAD my response will cite the Strata Property Act of BC and then comment upon the act as I see it pertaining to our current dilemma:Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 7 — Bylaws and Rules
Division 3 — Enforcing the Bylaws and Rules
Rules 129 (2)“Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.”Unfortunately I was unaware of the rule and understand its my responsibility to have registered the dog/s and now that I have been warned and made aware we can go through the steps/process of registering the dog/s with the Strata Council and applying to the council for the privilege of an additional dog.Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 7 — Bylaws and Rules
Division 1 — General
Rules 125 (3)“All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.”Pursuant to the Strata Property Act [SBC 1998] CHAPTER 43
Part 8 - Rentals
Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant 146“(1) Before a landlord rents all or part of a residential strata lot, the landlord must give the prospective tenant
(c)the current bylaws and rules, and
(d)a Notice of Tenant's Responsibilities in the prescribed form.”Again I was not provided the Rules or By laws of the Strata Corp of the Flo. Please let me know where I can obtain an up to date copy.Part 7 — Bylaws and Rules
Division 1 — GeneralLimits to pet and age bylaws
(1.01)A bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to a strata lot or common property does not apply to
(a)a guide dog or service dog, or
(b)a dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.
(1.02)In subsection (1.01), "guide dog", "retired guide or service dog team" and "service dog" have the same meaning as in the Guide Dog and Service Dog Act.One of the dogs will be going to training to become a service dog but is not yet currently enrolled as the course and certification requires the dog to be neutered and you cannot neuter him until he's 6 months or older which will not be for a few months. I can enroll him and provide the council documentation. If needed.If the council doesn't wish to award us the ability to have the second dog we can just move and avoid the issue altogether but with respect to the Strata lot owner we will need to find another tenant as well as find a new home. If this is the decision please let us know. I have already started looking for a new home just in case. We request the council give us time to arrange new accommodation and new tenants. As for the fines in my opinion the cost of moving, the time and effort involved in moving is punishment enough.In the event the above doesn't satisfy the Council of Owners, Strata Plan BCS 2730, The Flo, Ken Ho, Council President and whomever else is involved:I request a formal hearing to deal with the issues, I may retain legal counsel as I am very uninformed of how a Strata Council meeting operates, as well as the procedures and my rights as a tenant. I will need to confirm and retain legal counsel is available on the date the Strata council meets. Please allow me adequate time and be forewarned that my legal council may not be available on the date the Strata Council meets and we may have to postpone until I can arrange for my council to attend.Obviously I would like to avoid this, we love the Flo and would love to come to a mutually agreeable resolution, but completely understand the rules are the rules.Yours truly ***** ***** great trepidationJoshua LyonsSept 12 - Fourth letter written from Wynford informing us of their decisionSeptember 12, 2019Dear Tenants:Re: Strata Plan BCS 2730, The Flo, Strata Lot #19 (###) ###-####Alderbridge Way, RICHMOND, BC
Bylaw & Rule Complaint — Pets — Council ResponseWe write on behalf of the Council of Owners, Strata Plan BCS 2730, The Flo.The Strata Council reviewed your letter of August 12, 2019 at their council meeting on August 21, 2019 and decided to levy a fine of $250.00 against the owner's strata lot account as it is your responsibility to be familiar with the strata corporation bylaws and rules.The Strata Council will allow you to keep 2 dogs in the complex for 2 months commencing on the date of this letter. This will hopefully give you enough time to look for a new accommodation for the dogs elsewhere.As such, we would appreciate receiving your cheque, in the amount of $250.00, made payable to "Strata Plan BCS 2730", c/o The Wynford Group, 815 — 1200 West 73rd Avenue, Vancouver, B.C. V6P 6G5, to clear this charge against your Strata Lot. As an alternative to sending in a cheque, if you are enrolled in The Wynford Group's pre-authorized payment plan (PAP), you may email arRwynford.com to authorize this charge to be taken from your account. Please include the Strata Plan & Unit Number in the subject line of the email.Should you have any questions regarding the foregoing, please feel free to contact the undersigned in writing.Yours truly, ***** ***** GROUP Managing Agents for BCS 2730, The Flo Per:Ken Ho Strata Manager
cc: Council President Accounting Owner(s)