September 11, 2006

#33–3387 King George Hwy

Surrey V4P 1B7

Mr. Kevin Falcon, MLA

Surrey—Cloverdale

Dear Mr. Falcon

Re: Effects of Self-Regulation under the Strata Property Act (SPA)

I understand the government is conducting a review of SPA. Indeed, a review is both timely and needed. As a strata owner and Board member of the Pacific Condominium Association of B.C., it is my respectful view that strata councils have way too much power and sometimes operate almost unchecked.

Strata owners have no administrative body to which to turn should they have issues that impact their welfare, health and dignity. Tenants in a strata by contrast, can seek redress of any problems through the Residential Tenancy Office. Or, they can take their concern to their MLA—two fundamental rights strata owners do not enjoy.

For the most part strata councils consist of volunteers who usually lack experience in legal and administrative matters. According to the Superintendent of Real Estate, strata councils can even ignore direction and advice from their salaried property manager if they have one. Strata councils are legislated to exercise discretion and reasonableness pursuant to Section 31 SPA; however, they can ignore that duty with impunity.

In my own age-restricted strata, an 87 owner, crippled as a result of a debilitating stroke, is being fined $200.00 per week for every week his young grand children reside with him and their single mother. Strata council is taking this action after 2 years of acquiescence. Obviously, this poor man does not have the capacity—both financially or health wise—to fight strata council in Supreme Court.

We note that some industries in B.C. are self-regulated, such as the real estate industry, the motor vehicle industry and the private investigator industry. But these industries include an administrative component where consumers can take a complaint. No such body exists for strata owners.

Suggested solutions to the problem are at hand, viz:

· Mandate the Real Estate Council of B.C. to serve as the administrative body where strata owners can take their complaint(s);

· Insist that Real Estate Council of B.C. regulate the actions of licensed property managers when acting on behalf of strata councils and strata owners;

· Where strata owners choose not to hire a property manager, strata councils must be tested and certified following on line training.

Thank you for your anticipated support and action in this matter Mr. Falcon. Kindly circulate my memorandum throughout the Cabinet. I look forward to hearing from you in due course.

Yours truly, Fred Hardy, director Pacific Condominium Association.

cc: Mr. Gordon Hogg