Of our strata and an incident has arisen in which I have to pay a fee to the City in violation of tree removal. I

Expert's Assistant chat

Customer: Hello, I am Council President of our strata and an incident has arisen in which I have to pay a fee to the City in violation of tree removal. I understand this situation but I am wondering if any one person on Council has the right to tell me what to do, and if that person also has the right to say that I have to pay for four new trees, although I have had no consultation on the choice of trees, even though I am on the Landscaping Committee. What right does anyone have to tell me what to do - this is my main question? Thank you
JA: I don't remember all the details now but it was places to check for a loose connection. I found it and that fixed the problem. What state are you in? It matters because laws vary by location.
Customer: I want to add that I acted in good faith and with the strata in mind. The two trees in question were old pines with their branches overhanging the sidewalk. I was worried in case we had heavy snowfalls and this could have caused the trees to bend over the sidewalk, and maybe injure someone. A similar situation happened in 2017 when two large cedar trees had heavy snowfalls and bent over the sidewalk. This killed the trees and they were eventually removed. Again, I acted in good faith, but the Council VP says I did not consult Council on the matter. She expects me to pay $2,225 to the City ($2000 refunded next year) and also pay for four new trees. There was no prior consultation with me and when we had a first Council meeting later in January, only then was I told to pay for everything. My question again is what right does someone on Council have to tell me what to do? The person is a "retired lawyer" from years ago, although no one has seen her credentials, but she has taken it upon herself to dictate to me. Please advise when possible. Thank you, Maureen: March 11/21
JA: What steps have you taken so far?
Customer: Thank you Pearl. I spoke to a strata lawyer and he said I do not have to pay anything but I don't know if he meant that I could be taken to small claims court. Other than that I have not done anything but wonder what are my righs.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I think I have written a brief account of events. I do want to point out that the person who has done this has a reputation for being a bully. I think council members are unsure of how to handle her and vote according to her wishes. I have written documentation on her bullying ways, if this may be helpful. Thank you,

Answered by Debra in 23 mins 1 year ago

Debra

10+ years of experience

164942 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

164942 Satisfied customers

10+ years of experience

Debra

10+ years of experience

164942 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

Customer

Thank you Debra. I hope you have seen the three sections I submitted earlier this morning.
I live in New Westminster in British Columbia, Canada.

Customer

At this point I just want to know about my rights - and if anyone has the right to tell me what to do. The person on council has taken it upon herself to dictate what I should do, without any consultation, as this came up in a council meeting, and I was completely taken off guard. I have since had time to think of this and if she did not have the right to tell me what I should do, then I think I can negate any action she proposed.

Customer

Hi Debra, are you still there??

Debra, Expert

Yes and I posted an answer and it didn't post. I will be to it right now. I am so sorry.

Debra, Expert

If you acted on behalf of the strata then you are not personally liable for any of the fines or other expenses that you might incur. You were acting as agent for the strata and you bound the strata but not yourself personally.

It is absurd for any one on the strata council to tell you that you should be personally liable for fees or fines. Even if you did the wrong thing you did it on behalf of the council and you are personally liable.

Does that help?

Customer

Debra, in your last sentence, do you mean "you are not personally liable" am I correct?

Customer

Hi Debra, I hope you received my last post. Did you mean, in your last sentence, you are not personally liable - thank you

Customer

Thank you Debra, I have now received your text. However, I still have a question on your last sentence.

Customer

Hi Debra, as well, in the last sentence, can you please change council to strata - thank you so much!

Customer

Thank you Debra. I have not heard from you so presume we have finished. I have made the necessary changes. Thank you so much for your help. Maureen

Customer

Hello Debra, As I will have to present your information to Council and our property management company, I phoned Just Answer and was advised that you are in Toronto. I am so glad I was speaking with a Canadian Lawyer. Can you please advise me of your status with the Law Society (of Canada or of Toronto) and any other information to validate you in writing to the Council and property management. The more information from you to support your recommendations the better! Thank you so much, Maureen

Customer

My e-mail is***@******.***

Customer

I realize that it is the Law Society of Ontario - so any help is most appreciated. I have also given you five stars!!

Debra, Expert

I am sorry for the delay. What happens is that when someone texts more than a couple times in a row the site has no idea that they finish texting and they don't tell me that you are done so I never really know until I search later. I'm going to read all these text now and reply at once. I truly apologize.

Debra, Expert

I am a retired lawyer in Toronto. I am in good standing with the Law Society of Ontario. I could not be working on this site otherwise.

It is absurd for any one on the strata council to tell you that you should be personally liable for fees or fines. Even if you did the wrong thing you did it on behalf of the Strata and you are not personally liable.

Does that help?

Customer

Hi Debra, thank you so much - just returned from shopping and so glad to have your response. God bless you! Yes, everything you did has been so helpful!

Debra, Expert

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer

Thank you again Debra. I don't know if you are at your computer on the weekend. If I may, I do have another enquiry of you. Can you tell me the type of law you practised and for how long. How long have you been retired. The more information I can present to Council and the strata management company to support my case, the better. My friends are so supportive of me and are now so glad to have your legal advice. Thank you, Maureen

Debra, Expert

I was called to the bar in 1985.

I've been semi retired for about six years or so. I don't think anyone will care about that though. I practised in various areas of the law but for the last 12 years I have frequently answered questions about Strata laws in BC. But as I recall you also spoke to another lawyer who also said the same thing so that should help too.

Customer

Again Debra, my thanks to you and especially that you have answered strata questions in BC. Yes, I acted in good faith with the strata in mind. I can only imagine the trouble the strata would be in if anyone had been injured due to a falling tree. Thankfully we had only two heavy falls of snow in January and Spring begins next Saturday, March 20, so we hope for brighter days ahead!! Thanks again and with many blessings! Maureen

Debra, Expert

The very same to you.

Customer

Hi Debra, I have composed an e-mail to send to our strata management company and wonder if you can review it - I will pay whatever your cost. Is this something you do because I would need your e-mail address?

Customer

Hi again, I had computer keyboard problems but back to normal now - just a quick reboot seemed to do the trick!

Debra, Expert

We aren't permitted to review documentation. I am so sorry. It's just that it would be considered practicing law online and we can't do that.

Customer

Ok, I understand. Incidentally, I did give you a five-star review and sent some money, which I hope you received. Is it possible for you to give me your lawyer number just to support who you are?

Debra, Expert

If you paid a bonus for me I'm sure I got my portion but I never asked for that I hope you understand that. I'm not asking for bonuses from the customers.

I don't have a number. The site just calls me Debra orCustomerfor somethings.

Customer

OK thank you Debra. No, I know you did not ask for anything but I think you are worth it! With very best wishes, Maureen

Debra, Expert

That is very sweet!

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