Dear Condo Smarts: I own an industrial strata lot in a large commercial development of more than 47 units. Our strata corporation is facing a growing number of disputes over parking, use of the loading areas and use of the storage yards.
We have not had any general meetings in more than three years, and one person is controlling everything, including telling each owner the amount of our fees.
My unit is half the size of the unit next door. To my dismay, I have discovered that we all pay the same fees. The manager has told us the Strata Act does not apply to commercial/industrial units. Where can we get some help?
Gary C.
Dear Gary: The Strata Property Act applies to any registered strata plan, whether it is residential, commercial or industrial. When your strata plan was created, a schedule of unit entitlement was established that creates a list of voting rights and the formula that is used for calculating strata fees. The law requires that strata fees be calculated based on the formula, which reflects each unit's share of the common expenses.
I have checked your strata plan. It shows that, as the owner, you should pay fees only according to the size of your strata lot. So, your fees should not be the same as those of larger strata lots. No amendments have been filed that would change this.
If your strata does not have a copy of your registered strata plan, you should obtain one as soon as possible. There are several ways to get a copy: from your your local land titles office or through a notary, a lawyer or the Condominium Home Owners Association.
Also, it is required by law to have an annual general meeting, and the owners must approve the annual budget and elect a strata council. The common areas are controlled, like any other strata, by the application of your rules and bylaws.
One individual does not have the authority to control the property.
It is time for your strata owners to call an annual general meeting, elect a strata council, and start administering your common property and common assets within the legislation, for your own protection.
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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, B.C., V8T 4M2 or by e-mail at [email protected].