I have a several questions related to strata by laws. Canada British Columbia. Educating myself on. Itis complicated

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Customer: I have a several questions related to strata by laws
JA: What state are you in? It matters because laws vary by location.
Customer: Canada British Columbia
JA: What steps have you taken so far?
Customer: Educating myself on
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Itis complicated matter: special levy was imposed on owners without being approved by Supreme Court. i asked about council hearing and question special levy legality
Answered by Debra in 1 hour 7 months ago
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Debra
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Debra
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163900 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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163900 Satisfied customers

Jessica

Jessica

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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.
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.


Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Do the other owners agree with you?

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Debra, Expert

Hi there, I am just following up on this question. I am unable to provide a detailed answer without more information.

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Debra, Expert

Without the information requested, I can only give a general answer based on the information I have.

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

In BC if you want to fight what the strata council has done you can either call a meeting of the owners pursuant to the bylaws and you can even oust the current council or you can take the strata to the civil resolutions tribunal which is a court that has jurisdiction over strata issues.

Does that help?

Customer
https://drive.google.com/file/d/1v_HM8JoChfitYCSSZzR1bXWmB5gcq6R-/view
Customer
Please look over this information and answer the questions in red font in the attachment.
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Debra, Expert

I am sorry but I cannot review that lengthy document and then answer a long list of questions.

We provide general legal information and not advice and jus answer one question per post.

So if you want to give me one question that is a follow-up question to this post please go ahead. Otherwise you will have to start new pose for each of the long list of questions that you have provided on that lengthy and detailed document.

Customer
Bylaw 4 - USE OF PROPERTY
4(1) An owner, tenant, occupant or visitor must not use a strata lot, the common property or other assets in a way that:
(a) causes a nuisance, disturbance or hazard to another person.My questions is:
Q: Can my strata fine me for uploading a youtube video using this section of the Act? Keep in mind that no one disputes the fact that the video was recorded legally. The question is about uploading it. Keep in mind that the video exists outside the Strata grounds on a remote youtube server. And keep in mind that it was uploaded using a computer that was not located on the Strata grounds.A:Thank you very much for your carfuly considered answer.
Have a great day!
Victoira
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Debra, Expert

I don't see how that by law applies at all. That is about using your property and not disturbing other people. It has nothing whatsoever to do with uploading a YouTube video.

Customer
Thank you. The property manager Jihad (second man appearing in video) has a vendetta against me ever since I was a sitting council member a few years ago and resurrected the possibility of replacing his company. I also voiced this possibility publicly during some of our General Annual Meetings.
Customer
Our current council president (first man appearing in video) has a vendetta against me because he is aligned with Jihad to the point of handing over both of my council hearings to Jihad (which is procedurally unfair as it effectively change my COUNCIL hearing into a PM interrogation.
Customer
The president wrote an email in response to my request for in writting official answer once and for all to clarify who has to pay for repairs to our central heating hot water system. Jihad refused to answer saying "you have to show me what I said in the past so I can give you the same answer".
Customer
the president's email was even worse: "If you want to know the answer you will have to pay in advance for Jihad's over time wages for him to stay after houses and research the answer.
Customer
The same council had passed a freedom of information reform when they took power saying that information of this nature will be AUTOMATICALLY given to an ower WITHOUT even needing the permission of the PM or the Council. So clearly I am getting special treatment having to pay overtime wages for an answer that everyone else gets for free.
Customer
There are other good examples of a Vendetta / persecution / retaliation / discrimination case against them. Almost all the cases broght to the CRT involving our Strata and Jihads PM company have lost. They seem to all get assigned to the same Chinese member who's decisions are often on its face outrageous. So I do not want to trust my case to the CRT I feel it has been compromised.
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Debra, Expert

That is actually shocking and totally unacceptable. The council owes  you a duty of care and fiduciary duty and they are breaching their legal obligations to you. They have to treat everyone the same.

Customer
Q: If I want to bring a case against them regarding the issues outlined and the improper use of bylaw fining authority over the YouTube video do I have any options other than the CRT? I do not want to go CRT, appeal CRT to the CRT then Judicial review because i dont trust CRT and Judicial review is harder to win. Am I allowed to go to a non CRT court right at the start and If I am successful, is it possible I can be awarded monetary compensation for being a victom of retaliation etc?
Customer
The council all have an insurance policy called "Errors and Omissions insurance" I would like that to be activated to pay out any order for punitive damages, harassment, bias, discrimination etc so the owners would not have to pay. Is that possible?
Customer
I will stop bombarding you with posts now and let you answer when it suits you. I will just leave you with the youtube video link of the hearing I recorded. They charged be $1800 so far for posting it and $200 more every week. Jihad took over the meeting improperly and his demenour was sneering so I put a crown on his head for the cover thumbnail and quoted him as saying in the video "You will get an answer, but it may not be the answer to your questions." Not only is this ridiculous to say but he should not be the one telling me if I will get an answer to my questions during my COUNCIL hearing. He is just the PM. Can I get in trouble for putting that crown on his head, implying he is kink of council? Can he sue us for harming his reputation publicly etc?
Customer
https://www.youtube.com/watch?v=rspYA2j3UPM First face is Sitting Council President, second face is PM Jihad Have a good day and thank you very much for your time. Sorry for the long post, we are just bursting at the seams with so much info.
Customer
File attached (VL72512)
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Debra, Expert

I think you need your own lawyer to sue. This is out of control.

Customer
A competitor company to yours told us that CRT is the only option available to us. That BC legislation exists that forces us to ONLY use the CRT since it is a Strata issue. BUT I was reading the ACT and there are references that abritration MAY be used. So now I am confused.
Customer
Am I limited to CRT only or can I hire a lawyer and use a NON CRT court to sue my Strata?
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Debra, Expert

You have to use the CRT but you can retain a lawyer for that and the hope is that bringing in a lawyer will settle things without court.

Customer
Ok thanks. If I sued and won. Is it withing the powers of the CRT to order I be paid a monetary award for punitive damages. Meaning a teaching example to the Strata, compensation for emotional and mental pain and suffering, victim of their abuse of fining authority, biased and discrimination special bad treatment etc? Or can a CRT only award actual costs?
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Debra, Expert

It is not at all likely that they would make an award for punitive damages. It is very, very hard to convince any court to do so and the CRT will likely not.
Customer
Ok thank you. There is a CRT arbritration option that is designed for Human Rights violations. One of the listed human rights violations is called Retaliation. But we are not sure if the retaliation needs to be in related to gender, race etc or if it also applies to me in this case.
Customer
The $200 weekly fines are in retaliation for me posting a whistle blower video showing procedural unfairness in my council hearing as well as showing that the CRT member that ordered the special levy usurped BC supreme court powers as well as exposing the PM Jihad lied to owners to interfere in our elections.
Customer
Q: Is retaliation for exposing a whistle blower video considered a human rights violation meaning that I should apply to the CRT human rights arbitration instead of the regular arbitration?
Customer
I feel the human rights arbitration is less likly to be corrupted by Strata / Property management company / developer special interests so would like to use it if it would be appropriate.
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Debra, Expert

No. I don't think that's a human rights violation because I think that must relate to discrimination.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
Hi Debra, we actually wanted to ask more questions but are spreading them out to not bombard you like we did at the beginning. We were hoping to let this be open so we can keep asking follow up questions.
Customer
Ok so you are saing that the abuse of fining authority youtube fines are not discrimination so much, and that human rights violations should be more about discrimination than abuse of authority and misinterpretation of the Act. Ok that makes sense.
Customer
If it is best for your Just Answer algorithm to see you mark the question as complete, then do so. As long as we can continue asking questions that are still regarding my Strata and Council problems but on a different topic. For example;
Customer
The down strata lot downstairs reported to the Council and PM there was some water dripping from their ceiling. The council and PM waited TWO WEEKS to send a plumber. The Council and PM say that I am responsible for the leak. The downstairs owner wants me to pay for ALL the water damage INCLUDING the damage cause by the strata's TWO WEEK delay while water dripped increasing the damage.
Customer
I see this as intentional delaying so my repair costs would be higher because they are having a vendetta against me for saying the Property Management company should be replaced (when I was sitting on council few years ago) and the Vandetta against me because of the youtube video they are extorting me to remove.
Customer
I see this as more of the same discrimination. Remember these are the same people saying that I have to pay Jihad the PM to work after hours and pay him overtime wages to answer the question of who pays for central heating repairs inside and outside the walls of my unit.
Customer
Should I apply to the human rights CRT for discrimination for this and the overtime-wages-to-get-answers aspect of this situation? Or should I take this all to the regular CRT as one big complaint there?
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Debra, Expert

It is best for me if we finish each post and you start another using my name and then another. The site loves "repeat customers"!

Thanks

Customer
Hi Debra, is my typing this now a new post? Or do I have to navigate somewhere to start a new post with you?
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Debra, Expert

You use the phone app or your computer and you start a new post as it it was from scratch but this time you can request me and most importantly should put my name into the question.

Thanks again!

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. 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.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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