Condo and Strata nut job issue

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Chief2k13
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Condo and Strata nut job issue

Postby Chief2k13 » Tue Aug 01, 2017 12:26 am

Hi,
been a while since i been on here, i been working on my music and developing that area of my work.

So, my friend who is a professor is having alot of difficulties with a guy who is not a owner. He rents at this condo but some how he has got on to the board and now president in the building strata board. Police already removed this guy due to his aggressive nature. He some how has access to the money from strata and set up a camera system and is giving numerous fines (10-16 in a week 1 tenant) to many tenants and they all want to bring it to the press and have this man removed from the building for good. He is causing alot stress and grief for many people. So he is creating by-laws within the building as well as rules. He is charging 100 per person for use of the building gym and demands cash for the use of it.

He flies a drone around the units and takes photos and videos of the tenants. He already admitted to the use of the drone in a email. So, my reason for coming here, is there is alot of people who might have a great idea or strategy for removing this renter. He uses threats and some tenants believe he has even, forged signatures to get where he is. So far, i have read some of the law around the strata and it appears their by-laws can only be passed if a majority of owners agree to them and its not just the council who can vote. Many owners didnt know this information. So, if anyone has any info useful for these owners to removed this guy, they are attempting to bring an action against him or the strata themselves for allow this treatment of owners.
Thank you on behalf of my friend Lisa

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Re: Condo and Strata nut job issue

Postby Burnaby49 » Tue Aug 01, 2017 1:04 am

Hi Chief! Good to hear from you again. My very belated condolences about your sister. I've been following your musical career on Facebook and almost made it to a performance at the York but found out too late. I believe I've posted here a few times that you've focused on music and are trying to make a go of it.

He uses threats and some tenants believe he has even, forged signatures to get where he is. So far, i have read some of the law around the strata and it appears their by-laws can only be passed if a majority of owners agree to them and its not just the council who can vote. Many owners didnt know this information. So, if anyone has any info useful for these owners to removed this guy, they are attempting to bring an action against him or the strata themselves for allow this treatment of owners.


As far as your problem goes everything depends on the strata agreement and the powers it gives to the board and, separately, to the board president. As you say it is standard that bylaws are passed or removed by a majority vote of owners at a counsel meetings and that all owners are allowed to vote on them. So, unless you have a very oddball agreement, your president should not be able to unilaterally impose unwritten rules or add bylaws to the agreement. The problem is getting people motivated to go to the meeting and vote. Also you'd have to check on the procedure stipulated in the agreement to get a motion up for vote in the counsel. Is the counsel in league with him or is he just doing this unsupported? If the latter then the counsel should be able to do something but, again, it depends on the agreement. If the counsel is in league with him the only permanent solution is to vote them out at the next AGM . But if you do that you have to have a slate of replacements ready to serve, always a problem with condo boards.

The best thing you (the condo owners opposed to the guy) can do, although somewhat expensive, is to have a lawyer knowledgeable in the area advise you after he gets the whole story and reviews the agreement. If enough owners are onboard with this the cost to each should be fairly minimal. If things are as disfunctional as you say you should at least talk to a lawyer about options. This might be what you mean by 'they are attempting to bring an action against him or the strata themselves' but it's hard to tell from your writeup.

However there is no magic solution. This is a legal issue based on rights and powers conferred by the agreement. If your president has exceeded what he is allowed to do under the agreement it takes the owners getting together to enforce their legal rights. You didn't comment on whether or not there is a group of owners who support him or what percentage of owners see him as a problem and want to get him out.

Forgery takes it to another level, criminal. If you have solid evidence, such as the purported signee denying he signed the documents in question, it is a police issue.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

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Re: Condo and Strata nut job issue

Postby Burnaby49 » Tue Aug 01, 2017 1:48 am

A further comment. If you suspect forgery be very, very careful about your facts. You should not pursue the issue without verifiable evidence. Forgery seems unlikely since a successful forgery generally depends on the signee of the document not being available to testify that it is not his signature. That is not the case here where everyone involved in the issue is readily available. So I wouldn't rely on any hearesay evidence of forgery, just somebody saying they think something has been forged. You need the actual questioned documents and the purported signee ready to support a police complaint that his signature has been forged. Anything less and you could be open to slander or libel if you start making accusations.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

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Re: Condo and Strata nut job issue

Postby LaVidaRoja » Tue Aug 01, 2017 2:23 am

If, as you seem to state he is a tenant and not the owner of the unit, it might be possible for the other owners to contact the legal owner of the unit and perhaps have the owner terminate his tenancy.
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Re: Condo and Strata nut job issue

Postby Burnaby49 » Tue Aug 01, 2017 2:51 am

LaVidaRoja wrote:If, as you seem to state he is a tenant and not the owner of the unit, it might be possible for the other owners to contact the legal owner of the unit and perhaps have the owner terminate his tenancy.


I have some experience in respect to condo rentals in greater Vancouver (I believe the unit in question is in Surrey, a neighbouring municipality). It is very difficult to evict a tenant in British Columbia for anything apart from issues directly related to the rental itself. Non-payment of rent, damage to the unit, refusal to allow reasonable entry and inspection, things like that. The main one in Vancouver is operating an illicit marijuana grow-op in rented premises. That's very common. Even with a clear violation of the rental agreement it takes a lot of time and effort to evict if the tenant wants to delay things. Based on this I've seen nothing in the Chief's posting that provides legal grounds for the unit owner to terminating the tenancy. Everything that the Chief has mentioned are issues involving conflict with other tenants that don't affect the tenant's position regarding his obligations under his rental agreement.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

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Re: Condo and Strata nut job issue

Postby eric » Tue Aug 01, 2017 3:56 am

Been there, done that. Evicting problematic tenants is a Canada wide problem. Right now I have the infinite pleasure of dealing with a couple of people who qualify as causing issues. Not too worried about the one tenant(s) - I expect the Newfoundlander Hillbillies to be gone once the snow flies since they will run out of money. The other guy is more problematic, and this comes back more on topic. Alberta is probably the only province in Canada that allows squatter's rights so I might have to pursue things on the legal front within the month. After too many beers I suggested to my wife that I let the hillbillies get together with the builder of the offending structure and let alcohol and the hillbillies' propensity for bonfires take the natural course. Always fun living next door to a trailer park..... :shock:

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Re: Condo and Strata nut job issue

Postby wserra » Tue Aug 01, 2017 12:39 pm

eric wrote:Always fun living next door to a trailer park.


Only if you ignore the tornado threat.
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Re: Condo and Strata nut job issue

Postby TheNewSaint » Wed Aug 02, 2017 1:07 am

My condo association went through something similar to this.

First, review the condo by-laws and see if there are any mechanisms for removing a member of the board. In my building, we found this could be done with a special vote, which in turn can be called by a sufficient number of tenants. Also, see what actions the association can take without his presidential approval.

Beyond that, you probably need a lawyer, to go through the by-laws and see which ones he's breaking. Being on the board doesn't give this guy the right to spend the association's money, or charge admission fees to building amenities and keep the proceeds. The behavior you describe might rise to the level of embezzlement. I doubt he's keeping careful financial records, so you could probably threaten him at least.

This all doesn't kick him out of the building, but removing his ability to make rules and access the community funds would be a strong start. And a lawyer might be able to compile enough misdeeds to make him an offer of GTFO promptly or face prosecution.

The lawyer will cost money. Spend it. It's well worth it to be rid of someone like this. And you'll probably find a lot of grassroots support; a lot of times it just takes one or two people to start speaking up to get a counter-movement started.

Good luck.

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Re: Condo and Strata nut job issue

Postby eric » Wed Aug 02, 2017 1:39 am

wserra wrote:
eric wrote:Always fun living next door to a trailer park.


Only if you ignore the tornado threat.

Tornadoes? I spit on your tornadoes....
http://www.cbc.ca/news/canada/calgary/t ... -1.4145466
Three Hills is about 20 minutes north of me, we get tornadoes running through here on a regular basis in the summer but with nothing more for damage than a few grain bins blown away since our twisters are quite narrow so the damage is quite localized and there isn't much for populated urban areas anyways.
In dollar damage to crops and smashed vehicles I suspect these are more of a problem.... ( been waiting for an excuse to post this and I nearly hit one this morning with my truck)
http://nationalpost.com/g00/news/canada ... .referrer=

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Re: Condo and Strata nut job issue

Postby notorial dissent » Wed Aug 02, 2017 7:34 am

As far as the condo thing is concerned, there are four things I would recommend doing first.
  1. Get the Declaration of Condo or whatever they call it up north.
  2. Get a copy of the Condo By-Laws.
  3. Get a copy of the Condo rules or whatever they call them.
  4. Get a copy of the Board Minutes showing the authorization of the rule in question.
Unless things are considerably different up north you have a legal right to those documents, and the Assn should have to provide them to you at request. Owners should get copies when they buy in.

Now around here they are required to have a lawyer and you have to be told who that lawyer is. He should be agreeable to answering your questions.

Just remember, the devil is in the details. This is a place to start and to know what you are up against. A lot will depend on what those documents say.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: Condo and Strata nut job issue

Postby grixit » Mon Aug 07, 2017 11:41 am

Do the condo association rules actually allow a non owner to be president? or even a board member?
I voted for Hillary, and i didn't even get a stupid tshirt!

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Re: Condo and Strata nut job issue

Postby Burnaby49 » Mon Aug 07, 2017 5:18 pm

grixit wrote:Do the condo association rules actually allow a non owner to be president? or even a board member?


No idea but it should be quickly apparent from a reading of the strata rules.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

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Re: Condo and Strata nut job issue

Postby Chief2k13 » Mon Aug 07, 2017 11:09 pm

Thanks Burnaby for your words about my sister, That condo issues, i was at one of the meetings some owners and renters were there. They all want to organize something to remove this guy and his subjects. Alot of the council is under his command it would be apparent.

They want to setup a special meeting of owners to vote him off as well as create a law so he cannot be placed back on there. It would appear the fines he has been given, are given in bad faith. As well, he is not following the protocol in regards to how to issue a fine. Here is a link to the radio show that covered this issue.

https://omny.fm/shows/steele-drex/a-str ... idents-wit

Thanks for all your input,i have given this input to the owners and others who are gathering up a legal team to find a way to bring him and the owner of the lot who allows him to stay. Also, from the interview, the guest who came on the show says the 100 dollar fee sounds like fraud. Especially if it has to be given in cash.

Currently finished my newest music video, which was sponsored by Telus Storyhive. 8) 8)

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Re: Condo and Strata nut job issue

Postby Burnaby49 » Mon Aug 07, 2017 11:52 pm

Clip description

Our next guest says her strata council has overstepped their boundaries to such a degree that tenants and owners in her Surrey building are staging a populist revolt...complete with a poster campaign. What has the strata done? Fined residents with $44,000 worth of tickets in July alone, locked their gym, installed surveillance cameras...and one member is even flying his drone around the building to surveil the neighbourhood!

GUEST: Valerie Ieraci - Surrey resident; upset tenant

So what can and can’t a strata council do these days?

GUEST: Tony Gioventu - Executive Director, Condo Homeowners Association of BC


I'd guess that if you have Tony Gioventu agreeing with your side you have what advice you need to get going. "Sounds like this guy has no regards for the law whatever" is a good start. He noted the civil resolution tribunal, an organization I'd not heard of. Typical how the broadcast was interrupted for some news of a shooting in Abbotsford. Just another day in the Fraser Valley.

I'd agree that any demand for cash payments can be indicative of "bad things are happening" because it means the current managment can, and probably want to, avoid a paper trail regarding the money they collect. I've never heard of a condo board even accepting cash, never mind demanding it. Except yours of course. If you are banding together to work on a joint legal strategy with a lawyer knowledgeable on condo laws (all kinds of those in Vancouver) you are on the right path.

I liked your MzShellz- Get that Money video. I'm a sucker for Vancouver scenes.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

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Re: Condo and Strata nut job issue

Postby notorial dissent » Tue Aug 08, 2017 12:10 am

I don't know what it is about condo and HOA's that seems to attract and bring out the petty despot in some people, and it is usually always nasty when it happens.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.


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