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Condo Smarts: Gloves come off in the garage

Dear Tony: Our strata council decided to host a garage sale in our parking garage this weekend. Our strata has done this in the past and it has worked out very well provided the sun was shining and we could use our exterior parking area.
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When condo owners start arguing over whether or not council members have the right to enter any unit, Tony checks the Strata Property Act and the complex's bylaws.

Dear Tony: Our strata council decided to host a garage sale in our parking garage this weekend. Our strata has done this in the past and it has worked out very well provided the sun was shining and we could use our exterior parking area.

If it rains, we open our parking garage to strangers and, in addition to the security problems we have experienced in the past, the setup takes place in our visitor parking area, causing significant disruption to residents entering or leaving the building as this is not a pedestrian area.

Council has already given notice to several owners who rent additional parking spaces in the visitor area that if it is raining, they will have to move their cars to exterior parking for Saturday or their cars may be towed.

The owners of our building have not agreed to the garage sale and council seems to be acting in a heavy-handed manner just because one of the council members has been pushing to clear out her storage locker.

How would this decision process normally occur?

Carly C. Vancouver

Dear Carly: The use and enjoyment of common property and common assets of a strata corporation are determined and controlled through the bylaws and rules of the strata corporation, and by majority vote decisions of the owners at general meetings, or the allocation of exclusive use by decision of council.

In the case of disputes and questions, I recommend that the council and owners first closely read their bylaws, rules and registered strata plan to determine parking allocation and use. The council, just like owners, must comply with the bylaws and rules of the strata corporation. These rules and bylaws often provide a clear understanding on the obligations and flexibility provided to the strata council.

In any strata corporation where parking is a premium, parking bylaws are often adopted to establish a level of fairness and clear understanding of use.

Your bylaws specifically contain a one-page section on parking spaces, visitor parking and user fees for additional parking. If you look closely at your bylaws, they indicate: “Assigned parking must only be used by the strata lot allocated to that space and for no other purpose.”

Your bylaws do not give the strata council the authority to allocate or use the parking spaces for any other purpose, including the removal of vehicles for a garage sale.

However, don’t underestimate the value of events in strata properties to strengthen your community. Many strata corporations host games nights, holiday light competitions, seasonal festivals, gardening parties, pot luck dinners and garage sales with great success. If the events are well planned and consider public liability, security, setup and removal, and are self-funded, a great sense of harmony can be created within a community.

Plan to include the year’s events in a report at the AGM and get the owners to vote on the events. If the majority doesn’t support the use of space for events such as a garage sale, it was probably not the right idea in the first place.

 

Tony Gioventu is executive director of the Condominium Home Owners’ Association. Email questions to him at tony@choa.bc.ca. The association’s website is www.choa.bc.ca.