Dear Condo Smarts: We live in a large townhouse complex that has been infested with termites. We have recently received a notice of special general meeting for a special assessment for $75,000 to fix the damaged units. Over the years, the council has neglected the termites leaving it to the owners. Why do we have to pay for the other units that are damaged when our unit is untouched ? We thought each owner was responsible for their own townhouse?
Miranda
Dear Miranda: With warming climates, termite and carpenter ant infestations are a growing problem north of the 49th. In most townhouse complexes, the structures of the buildings and exteriors are part of the corporation's common assets and common property.
Crawl spaces and attics are frequently common property, and the failure or infestation of one area can affect everyone as common expenses. The insect control is a greater concern though. Along with the restoration to the buildings, the strata corporation will have to commence a serious eradication and insect-control program, and owners need to be educated on their habits that encourage insect propagation. Without it, you will simply end up paying more in the years to come.
Generally pest and rodent control are also a common expense as they often originate on common property and damage the common assets. While the damage is not an insurable loss, it is very much like a flood or wind storm beyond the control of the owners.
Dear Condo Smarts: Our property manager has advised us that because of the new licensing requirements, we can no longer hold our own operating and reserve funds and that our management fees will be doubling, otherwise they will not be able to manage our property any longer. We have also been told that we can no longer consider self-management. Has the government imposed a new regulation on condo owners that is unfair ?
Marge D.
Dear Marge: As of Jan. 1, the amendment to the Real Estate Services Act came into full effect for the licensing and regulation of strata managers. There will be costs for the management companies for licensing, insurance and education, and each management company will be required to negotiate its costs and fees through its own management contracts.
The management of funds and services is still negotiated between each strata and its manager, but there are conditions that may limit services. For example, if the management company has the liability of providing real estate transaction forms, B and F, they will be required to rely upon their own financial records and documents, not a third party.
Also, the accounting of trust funds and auditing is reported annually to the Real Estate Council. A strata corporation is still exempt from the licensing requirement and may self-manage its own affairs, and an owner may be employed to manage in his or her own strata without licensing.
The new regulations have protected the rights of the strata owners to manage their own affairs, but have also imposed protection and regulation for the financial management and responsibilities of strata managers. With more than $1 billion in financial assets, this legislation is critical for consumer protection.
For more information, visit the website www.recbc.ca
Dear Condo Smarts: Your article Election act trumps condo rules (Jan. 18) in was a very timely one for us. I am the president of our strata corporation and we dealt with this very issue at our council meeting last week. The complaint in our case was about having election pamphlets slid under the owners' doors. (We have several owners who are active within their particular political party.)
As we could find nothing in our bylaws and, in particular, as we do not know who the distributors are, we advised the complainant that we could not take any action.
Another complaint involved the placement of a pamphlet in an owner's window. Again, we felt the pamphlet was not a sign as such and sat on the person's window sill which is their property.
We do have a sign in our lobby stating that advertising is not permitted, and as this is common property, I take it from your article that our sign is not illegal.
Thank you for enlightening us.
Ann B.
Dear Ann: Thank you for your response. You handled the matter quite appropriately. Hopefully the province will amend our provincial statute in the near future to resolve provincial and municipal election signage as well.
Tony Gioventu is executive director of the Condominium Home Owners Association. Send questions to him c/o New Homes section, Times Colonist 2126 Douglas St., Victoria, V8T 4M2 or by e-mail at [email protected].