Homeowner served lien warning
Told to settle fine over noise dispute with Council member
Home Bulletin, August 4, 2022, Thursday
As a homeowner, you will be terrified if someone slaps a lien on your property. It means a creditor potentially has a legal claim against your property for a debt that isn’t settled.
“If a homeowner doesn’t settle an obligation, then the lienholder may legally seize and dispose of the property,” according to accounting CPA David Gorton.
One of our neighbours has been told that she could face this potentially nasty scenario.
She was recently warned by the property manager that a lien could be placed on her apartment. Her offence? She has yet to settle a fine of $200 imposed on her family for an “excessive noise” complaint filed by an immediate neighbour who happens to be a Council member.
The story is as bizarre as it is worrying for homeowners in our complex. I have been told the Strata Property Act (SPA) Section 116 does not cover unpaid fines as a lien-able offence. So, why resort to such a draconian measure?
A protracted noise dispute
Here's a short background.
Council member, X, had alleged that his immediate neighbour, Z, had been making excessive noise over a period since 2018. Over the years, different Councils investigated his complaints but were unable to settle the case.
Last September, when I was on Council, I was appointed to investigate. In one of his written complaints, X claimed Z had committed over 160 noise incidents from December 2018 to March 2021. His complaint included hearing Z typing on her computer. After a week of investigation, I submitted my report with the conclusion that the dispute was beyond the expertise and resources of Council to settle. Generally, I found X’s complaints to be excessive and exaggerated.
Most important of all, I thought this and past Councils had spent far too much of our limited time and resources on X’s private complaint. Council had more serious issues to worry about such as the Poly B and insurance crises. We were elected to serve all 188 owners in the complex. It gives you an idea why I think the operating culture at Council needs to be reformed.
Over to the Civil Resolution Tribunal (CRT)
Council largely downplayed my investigation as well as the findings of previous Councils. Instead, it proceeded to impose a $200 fine on Z.
In January this year, Z filed with the CRT to overturn the fine. The case has gone before the CRT.
Nevertheless, on June 30, 2020, the property manager sent a “please be advised” letter to Z that carries a “lien warning for non-payment”:
As you are aware, I resigned from Council early this year on January 6. Had I been on Council, I would have argued against making this lien threat and to remind members that the case is before the CRT. The wheels of justice should be allowed to run its course. The CRT will make a judgment. Why the hurry to impose and collect the fine? In fact, why threaten your neighbour with a lien action over a $200 debt?
Our monthly reports
This noise dispute brought out another aspect of our complex’s governance: the reporting of Council meetings.
If you look at the monthly reports from February 2022 to June 2022, you will find this statement: “There are no legal suits or CRT actions involving the strata corporation.”
This is an inaccurate statement, as you will realize from reading your latest report for the July meeting:
So, why did Council and the property manager publish wrong information, not just once but over consecutive monthly reports?
Z had filed her case on January 4, 2022.
This is not the only time that I have found inaccurate information in our Council reports.
Let’s see how the CRT rules on the noise dispute.
Write me VancouverWayne@yahoo.com
Thank you!
Wayne
POST-NOTE: An earlier draft was sent out last night before I had completed my editing. The timing of the auto-publication should have been set as today, Thursday, Aug 4. Please use this version.