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Owners may face some limits in sale of condos

Rights of vendor must balance against rights of other strata owners

Dear Condo Smarts: Last weekend our condo went on the market and our realtor scheduled an open house for Sunday from noon to 4 p.m. When he showed up, the council president met him at the door with the strata bylaws informing him that the posting of signs and open houses are prohibited. I understand we still have an active market, but if we can't post a sign or hold an open house how are we supposed to be able to sell our home ?

Karen C.

Dear Karen: The strata corporation cannot prohibit or unreasonably restrict the right of an owner to freely sell a strata lot. While the strata may pass a bylaw that governs the activities, such as sign locations and times for showings and open houses, it cannot prohibit the basic needs of a vendor.

However, from the perspective of the strata council and owners, open houses and properties littered with signs can be a security risk and an unsightly detriment to property values.

An open house can be an advertised invitation to an unwanted visitor or thief. Once someone has gained access to most buildings, he or she can freely access most areas, placing the owners and residents at risk. It is not unreasonable for a strata to require that the agent of the owner meet open house guests at the entry and escort them to and from the suite.

Sign trees well located near building entrances can be both tasteful and effective sales tools, solving the problems of massed real estate boards. Remember you have rights as a vendor, but you still have obligations as an owner.

STRATA SEMINAR

What: The Condominium Home Owners Association (CHOA) presents a one-day symposium on strata living and how strata properties function.

When: Saturday, May 27, from 9 a.m. to 3 p.m.; registration at 8:45 a.m.

Where: Holiday Inn, 3020 Blanshard St.

TOPICS:

- Running general meetings

- Accounting and fraud prevention

- Conflict resolution

- Building maintenance

- Operations, planning replacements

SPEAKERS:

- Lawyers of the strata property law group, Clark Wilson Law Corporation

- Tony Gioventu, CHOA executive director

- RDH Building Engineering

- Sharon Kelly, CHOA adviser and arbitrator

- John Bell, Homeowner Protection Office (guest lunch speaker)

Cost: $50 for first member from a strata, $25 for each additional member, $100 non-members. Price includes lunch.

Information: 1-877-2462

Register online: www.choa.bc.ca

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].