Strata
Owners in dispute with their strata council or other owners in the strata
corporation need a means to try to resolve disputes through a mediation process.
That is the position of the Pacific Condominium Association of B.C. Mediation
is used routinely and successfully in other sectors in our province in disputes
involving families, the construction industry and labour for example. The
success rate is impressive. Between 60 per cent and 80 per cent of disputes are
resolved through mediation. We have taken our concerns and recommendations to
Minister of Finance Carole Taylor who is also responsible for housing. See
letter attached.
Mediation is a method of dispute resolution in which the parties
try to resolve a dispute or reach a settlement with the assistance of a
mediator. It is a private, flexible and informal process where a mediator and
disputing parties work together to find a solution that is acceptable to
everyone. The parties, not the mediator, make the decisions about the terms of
their agreement.
The use of mediation is increasing as people become aware of how
it can help settle disputes quickly and inexpensively.
Mediators are impartial and have no decision-making powers. The
mediator's roles include:
As
a strata council, what do you think of mediation as a means of resolving
disputes? Do you have experiences you can share where mediation should have
been used or could have been used to assist strata owners to resolve disputes?
If
so, please contact us at: paco@condohelp.org or call 604-538-8888 Mon-Fri
12:30-3:30 pm.
December 12, 2006
#33 – 3387 King George Hwy
Surrey V4P 1B7
Ms. Carole Taylor, Minister of Finance
B.C. Government, Victoria, B.C.
Dear Minister Taylor
Re:
Mediation Services for Strata Owners
Thank you for your letter of November 10. I refer
to the penultimate paragraph wherein you advised, “you are interested in exploring processes that provide fast, effective
and low-cost resolution of disagreements”. Upon further reflection, I offer
a solution to resolve most disputes among strata owners; i.e, implement a
mediation service. Further, a change to the legislation would not be required
and the Strata Property Act would remain as a self-regulating act. Each
strata corporation need only insert mediation into its bylaws.
Currently, mediation is used to resolve disputes in
other vital sectors in our communities; for example, parents and children,
labour disputes, real property or construction.
With government support, I would like to conduct a
study in how such a process would benefit strata owners and serve as a tool
for property managers. My first thoughts are:
Kindly advise if you support this initiative.
Yours truly
Fred Hardy 604-535-2551. Email: fhardy@shaw.ca
In 2002, Mr. Fritz (real name changed in respect of
privacy), an 84 year old widower moved from his home in Langley to a townhome
in South Surrey which has an age restriction of 19 years of age. He lived there
alone.
Approximately one year later, Mr. Fritz suffered a
debilitating stroke; leaving him paralyzed and requiring extensive care twenty fours
per day, seven days per week.
His daughter, a single mother of two children, aged
8 years and 12 years moved in to provide care and comfort as well as mitigating
expenses related to medical needs. Everyone in the strata lived in harmony for
two years. In fact, very few people in the neighborhood knew the children
existed. There is no negative economic or social impact to other owners.
Then, one owner complained and the strata council
said they must enforce the age restriction bylaw despite the circumstances. A
special general meeting of all owners was convened and a most irregular set of
resolutions resulted in this frail but gracious owner being fined $200.00 per
week, for every week his grandchildren reside with him. His only recourse is to
seek redress in Supreme Court. He does not have the capacity, financially,
physically or emotionally to fight.
A need to reform the “system” is obvious.