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Answered by Debra in 5 mins 1 year ago
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council,I am responding to your email sent June 26 2020, titled LMS2277 - Unit 55-211 - Fine Notice - Operation of Business allowing Clients into building.I am a hairstylist. I cut and style my kids hair, and my friends’ hair in my home free of charge. I don’t believe you have any authority to dictate what I do for my friends and family in my home.
I am a mobile hairstylist and a stylist in a salon in Langley. This is how I make my income. No business transactions are taking place in my home.You have sent me pictures off my Instagram as proof of business transactions in my home. When in fact it proves I do beautiful work. And as a person in the beauty industry it is necessary to showcase what I can do. I started the hair Instagram page as an advertisement to drum up business for the salon in Langley (this salon is currently relocating, but I am still an employee). There are pictures of before and afters. Friends are more than willing to have free hair done so I can capture a picture. That is not a business transaction. My Instagram page is open for all of you to see and I encourage you to look. Besides pictures of my friends’ before and after pictures, you will see pictures of me in the salon standing at my work station. You will also see before and after pictures I did in the salon.I have been living in my home since 2007. I am a single mom of two and we keep to ourselves. Unfortunately I have been targeted by a member of council for 6 years.-in 2014 my then husband and I noticed our clothes were taking forever to dry. And we realized in the 7yrs we lived in the building, there had never been any type of cleaning or maintenance of building dryer vents. So we wrote strata about it. Eventually they had someone come in to check it out.
A maintenance man showed up at my door. And this council member asked to come in as well. She told me that my husband had requested she come in to ensure the work was being done. I thought it was very strange but I granted her entry.
My washer dryer is just a few feet from my front door. The maintenance man was respectful and stayed by the washer dryer. But the council member after a few minutes of entering to “supervise work” decided she would walk all the way through my suite. I was breast feeding my son, sitting on the couch with a friend...in my kitchen my friend’s daughter (fresh out of hair school, getting pointers from me) was blow drying her friend’s hair.
Council member walked in, spoke slowly while visibly scanning every corner of my home. Me and my friend looked at each other and thought how strange this woman is. She said things looked fine with the work being done, then she quickly left. I asked my husband when he got home from work if he had requested her to enter with the maintenance man. He said he never wanted or asked for her presence. She fooled us to gain entry into my home.
A few days later I was issued a letter from strata saying I’m running a business. It was believed the blockage of the dryer vents is because of the towels being dried due to a business.This was a huge stretch. I wrote back and said I am not running a business. The laundry I was doing was regular laundry from a family with two young kids. Then I never heard from strata till after another dryer vent cleaning.-July 12 2018 my neighbor let the maintenance man in to clean the vents. I’m a mobile stylist, I still have to wash things I use for work. So I had towels and capes in my dryer. And as soon as he saw the the towels he said “ahhh so this is the hairstylist.” He was clearly briefed about me, a man I have never met and not a member of strata. A few days later another letter from strata is sent saying I have a business and to stop all business transactions. I wrote back saying I’m a mobile hairstylist and there are no business transactions in my home.-2019 I had a leak in a bedroom closet.
Of course someone had to come in and see what was going on. The man sent to assess the issue was from the company who did work on our roofs. We agreed on a day and time. I watched for him out the window and saw him walking towards our main entrance. Then shortly after I saw the council member walking quickly to my building’s main entrance. I was wondering why it was taking so long for the man to buzz in. Clearly he didn’t have to because he was let in by this council member. It was a good 15mins before he finally knocked at my door.
He came in, looked at the closet and when he was done he stood back in the doorway of the room taking pictures of every part of the room. The leak affected area wasn’t even in the pictures he was taking. I asked him why he was taking pictures of my room and why the leak isn’t in them. He started to stutter and replied “I, I just gotta verify this is JUST a bedroom”.
Taking pictures of details in a room does not indicate the position of the room within a big building, it doesn’t help with assessing the leak at all, the leak was not
Customer
He started to stutter and replied “I, I just gotta verify this is JUST a bedroom”.
Taking pictures of details in a room does not indicate the position of the room within a big building, it doesn’t help with assessing the leak at all, the leak was not even in the picture.
After his shakey nervous and weak explanation of why he was taking photos, it occurred to me he was instructed to take these photos. All again try to find something to prove a business is going on.-June 26 2020 , I get an email from Joseph, informing me that I have unauthorized plumbing and gave me 2 business days to allow strata entry. I am aware that my downstairs neighbor of 12yrs, who was a friend, someone who had keys to my home and someone who my kids called grandma is the person giving you this “information “. I did her hair for 5yrs, I offered to do her hair free of charge and she happily accepted. I offered my free service to her because of the acts of service she did for the community. I thought about how nice it would be for her to have something given to her out of kindness. After Covid isolating, for personal reasons, I decided I no longer wanted to do her hair. And now I’m getting complaints of my kids noises...and now the unauthorized plumbing emails. She always had her hair washed and wet before coming upstairs to get her hair done. She never complained about me or my kids in 12yrs. All of this is very timely and corresponds with the time I ceased doing her hair.
But that aside...I made sure to be at my home at the specified time strata requested entry. I had just had major surgery, i was recovering at my father’s house and despite being hunched over, highly medicated and in pain, I made it to my home to grant strata entry. No one came, I waited over 2hrs past the issued time. I wrote and called Joseph several times to address this total disrespect of my time and to see if there was any explanation for it. I was completely ignored.I’ve had a strata council member who lied to gain entry into my home. She has informed perfect strangers doing maintenance work about me, before entering my home. Instructing pictures to be taken of my home without my permission. I’m sent threats of fines if I don’t grant entry for strata to check for unauthorized plumbing. I make sure to be there to let you in and you don’t show. And my calls and emails are ignored by our Property manager. Seriously I’m feeling harassed in my own home.Now you are telling me I must remove a hairdressing chair from my home. I’ve had a hairdressing chair in my home for 22yrs! I’m not swopping a hairstyling chair for an office chair that I cut my kids’ and my own hair on, to prove I’m not running a business. I know it may not be a usual thing to have one in your home but it is for many hairdressers.
Your instruction of me to remove my hairdressing chair from my home is something I don’t think you can enforce legally, but I will find out. I am now seeking legal counsel.Significant Unfairness
 
The Strata Property Act introduced the term significantly unfair into condominium law in British Columbia. Previously, the Condominium Act permitted an owner to seek relief in arbitration, or in the Supreme Court of British Columbia, if the affairs of a strata corporation, or a strata council, were exercised in a manner that was oppressive, or unfairly prejudicial, to the owner.
 
In Reid v. The Owners, Strata Plan No. LMS 2503, 64 the superior courts considered for the first time the meaning of the term significantly unfair in section 164 of the Strata Property Act.
 
Under the Condominium Act, oppressive conduct meant conduct that is burdensome, harsh, wrongful, lacking in probity or fair dealing, or that has been done in bad faith. An act that is unfairly prejudicial if it was unjust and inequitable.
 
Enforcement Procedures
 
Before a strata corporation may impose a penalty for contravening a bylaw or rule, the corporation must first comply with the following compulsory preconditions.
 
Before proceeding with a complaint, the strata council may give the person a warning or an opportunity to comply with the bylaw or rule.
 
If the strata council wishes to proceed with a complaint, council must give particulars of the complaint to the relevant owner or tenant, in writing.
 
The Strata Property Act dictates how strata council must deliver its written particulars to the owner or tenant who is the subject of the complaint.
 
The Strata Property Act dictates the strata council must then give the person accused of wrongdoing a reasonable opportunity to answer the complaint. If that person wishes a hearing, the strata council must hold one. According to the regulations, a hearing means “an opportunity to be heard in person at a council meeting.” A fine, for instance, is not enforceable where the strata council decided that an owner was guilty and imposed a fine before the accused person is given an opportunity to answer the complaint.
 
After considering any response
Customer
After considering any response, the strata council must promptly provide its written decision in the matter to the person affected. The same requirements that govern delivery of the written particulars apply to delivering the written decision.
 
If the council does not comply with these prerequisites, the corporation may not impose a fine, require an owner to pay the cost of remedying the breach, or deny the owner access to a recreational facility.
 
 
What is a business transaction?
 
I was asked to cease all business transactions.
 
A business transaction is an economic event with a third party that is recorded in an organization's accounting system. Such a transaction must be measurable in money.
 
I have not conducted any business transactions, nor can you prove I have.
 
Examples of business transactions are: ... Selling goods to a customer for cash. Selling goods to a customer on credit. There needs to be an exchange of value.
 
Equally, there are many events that are clearly not commercial transactions such as making a donation of labor to a charity. I voluntarily do hair for friends and family, including the owner making the complaint.
 
There is no bylaw stipulating what furniture I can own. My furniture is not on display in a common area of the building therefore I cannot be forced to remove anything from my apartment any more than you can tell me what clothing I can and cannot own. This in completely unenforceable.
 
The Strata Property Act introduced the term significantly unfair into condominium law in British Columbia. The Condominium Act permits an owner to seek relief in arbitration, or in the Supreme Court of British Columbia.  It determines if the affairs of a strata corporation, or a strata council, were exercised in a manner that was oppressive, or unfairly prejudicial, to the owner.
 
• I hereby ask for a hearing to air my side of the complaint to strata council. If I am not given this opportunity, I will site significant unfairness and discrimination and proceed legally.
 
• Please provide the bylaw that stipulates how many guests I’m allowed to have per day, per week, per month to my residence.
 
• Please provide the bylaw which stipulates what furniture I’m allowed to have inside my home, i.e. non-common areas of the building.
 
• Please provide a list of all occupants that may be working from home during this time, and if you have threatened fines against them for conducting business transactions within their homes. Also, please provide the list of homeowners that you have asked to remove furniture that may be suspected to be used for the purpose of business transactions, i.e. desks, desk chairs, etc.
 
 
Lastly, I have been subjected to vengeful harassment by owners in this building. Why was the word of one owner taken as truth WITHOUT asking for my side first? Why does my word hold no value? This prejudicial behavior must be addressed in arbitration or in court. I look forward to your response.
 
 Lovelyn Pantoja
Customer
I was given a hearing July 27
Customer
This is what I said
Customer
My name is***** have requested this hearing to respond to all the emails and letters Ive received recently and in the years past. All of which consistently state that I am running a business in my home. And recently stating I have unauthorized plumbing, and I cause noise due to running a business and noise from my kids. The emails and letters also state that they are written at the direction of Strata Council.
Since the correspondence is written on your behalf, I believe you should know how it is written.Each letter or email says You ARE running a business, You DO have unauthorized plumbing and You ARE creating noise. The way it is written is that I am guilty of all these things.Even in a court of law, everyone is presumed innocent until proven guilty. The way I have been treated is completely prejudicial. You have decided my guilt with no evidence to prove it. You have taken the word of another owner as fact, without so much as asking me if I am doing these things. And then I am told what fines I face if I don’t stop what you’ve decided I’m doing. Is this how strata works? When you get a complaint, you immediately treat the accused owner as guilty? If this is how you treat all complaints, strata council you’re not treating your fellow owners fairly. Or maybe you are, and I’m just the special one you’ve singled out for this prejudicial treatment.Despite my repeated response that I am a mobile hairstylist and all business transactions do not occur in my home, you persist.
If I have towels and capes in my dryer and if a maintenance man sees it...I get a letter.
If you see pictures of my work on Instagram. I get a letter.
You have instructed me to remove my hairstyling chair from my home to prove to you that I am not running a business. Which is not legal. You have yet to provide me with the bylaw that gives you the right to tell me what furniture I can have in my home. Through Joseph’s letters and emails written on your behalf...I feel harassed and believed I’m being subjected to discrimination.
You have yet to provide me with a list of people who are also instructed to remove furniture from their home. There are many pieces of furniture in people’s homes that could be used for work purposes. Please show me that I am not the only one you are doing this to.I’m going to clarify things for you now, once and for all. And hopefully you will finally leave me alone.-I am a mobile hairstylist, I do my paid work in other people’s homes not mine.
-Please show me the bylaw that specifies what type of visitors I can have.
-I do occasionally have my clients come over after their hair appointment, sometimes days or weeks after. I prep their hair and sometimes apply a little makeup on them to capture a great after picture.
-I then peice the two pictures together using a collage app on my phone. I then post it on my very public Instagram page. Pictures of people with pretty hair in my home or outside of our building is not proof that a business transaction occurred in my home.
-I initially created the Instagram page to drum up business for a salon I also work for in Langley. Show casing your work as a stylist via social media is what is expected now. I have known for 6years that Claudia has been hell bent on proving I have a business in my home. If I had anything to hide, why would I make such an Instagram account so public? I advertise my Instagram page on Facebook and on my linked in account in hopes that everyone will visit it.
The pictures are of before and afters, and not of people in my home handing me money. My Instagram page is not proof of business transactions in my home.
-many of the before and after pictures are of my friends who I provide service free of charge. Some of the pictures are of the same friends over and over again with seasonally changed hair.
-I do cut, color and style my family and friends’ hair in my home. I do not charge them.
Among this select group was Sharon Pentecost. Who has been my neighbor for 12yrs and has enjoyed my charitable work every week for close to 5 years. I have since stopped doing her hair. I will speak more on that topic shortly
-this is my final response to your letters stating that I run a business out of my home. I have provided you with specifics of my work, how I advertise my work, and what charitable services I do on my personal time. I hope this information prevents you from sending your next harassing letter about a business in my home. Because there isn’t one!I know that three of you have read my most recent email. I’m hoping that all of you have and if you haven’t, please do. It will give you a rundown of what I have been dealing with over the years, with Claudia in particular and repair men sent into my home.June 26th 2020, I received an email saying I have unauthorized plumbing. It stated that a person selected by council must be allowed entry into my home June 30th at 6pm.I was 3 days out of major surgery
Customer
when I received this email. At that point I could not stand, I was barely staying awake past 20mins and I was in a lot of pain. I was also recovering in my father’s home, far from here.
So I wrote an email back asking if we can delay it for a week. I didn’t think my request was unreasonable under the circumstances.
Joseph responded with an email saying “ I have sent this to council to review “I waited for an email with a decision on whether my request would be granted. I never received a response.The notice said if I didn’t grant entry I would face fines. So I made sure I was in my suite to let you in June 30th at 6pm. I asked people to be there with me as I was taking pain meds that made me groggy, I was standing hunched and could only shuffle short distances. But I was there! I pulled myself up, feeling like I could puke from the blinding pain, I travelled, suffering through every bump and every curve of the road to be here, and waited almost 3hrs just for none of you to show up.I called Joseph’s office that night, leaving a voicemail. I also emailed. This is what I wrote:Joseph,You sent me an email saying you required entry June 30 at 6pm. I made arrangements to make sure to comply and you are not here. It is ‪7:18pm‬ right now. This utterly disrespectful of my time. I just had major surgery and cannot stay on my own, This is disrespectful to the people who had to be with me today.   I requested an extension so I would not be as medicated, more mobile and in less pain. You did not write back granting an extension so I made sure to be here. I called and left a message and your office is close. I’m waiting a little longer. This is beyond unprofessional.LovelynI also sent this message to Joseph’s Linked in account. I was sure he’d see my message there.
I receive notifications that Joseph has frequented my Linked in profile. Obviously looking for proof of a home business.I received no response from either message I sent. I received no return call from the voice mail I left. So I called several times the following days, each time the secretary transferred me to Joseph’s line. He never answered or ever called me back. So I sent another email July 3. This is what I wrote:Joseph,After your notice and threat to fine me if I didn’t allow entry to my suite June 30th at 6pm...I made myself available. Despite my difficult situation having just had surgery and not recovering at home..I was there at your specified date and time. I have attempted several times and several ways now to speak to you. At the very least you could return my calls. LovelynpantojaHe never responded to that email either. He ignored me.The next email I recieved from Joseph was July 6th. He said thank you for your correspondence and issued me a new date and time for inspection.How is it fair I can be fined if I don’t grant strata entry and if you don’t show up I have no recourse? How am I not even deserving of an explanation or a response?July 15 I made sure to be home for the inspection. When the day came I couldn’t even be sure strata would show up. I was glad when three strata members did show.
I spoke with the three strata members and I found out that
Joseph was the whole reason why I dragged myself out to my home in pain for no reason. He did not communicate with me that that strata was looking for another date. He left me waiting for answer to my request.As the person who acts as the communicator between strata council and other owners ...Joseph is doing a horrible job. In fact it seems he only communicates if he and council find me guilty of something and to threaten fines.By the way, when the strata member was about to enter my home. He said something about directing him to the room with my hairstyling chair. I responded with...”you are here to check for unauthorized plumbing, please check every single room” . He checked under every sink, walked around my whole place and found nothing. I do have a video of him saying he sees nothing to indicate unauthorized plumbing. I was going to send the video to Joseph. But who knows if he will send it to you all to see. If you’d like to see it, I’ll play it for you.
There are no unauthorized plumbing alterations in my suite.Now I’d like to move on to the most recent letter Joseph sent me. Dated July 8th, this time titled BYLAW INFRACTION, EXCESSIVE NOISE.
This email has a list of specific activities happening in my home, and specific days and times these activities are taking place.Before I address this letter, there are a few things you need to know.
Sharon Pentecost is the owner complaining about excessive noise.
Sharon and I have been neighbors for 12 yrs. She lives in the suite below me. For the past 5 years I have blowdried and styled her hair, free of charge every week. And she would recieved a cut anytime she needed one.
Every weekly visit she would mention something about our footsteps. Often she would ask where we’ve been, because she’s barely
Customer
heard us all week. Other weeks she would mentioned when she heard someone wearing shoes in my house in the middle of the day. Week after week for 5 years hearing how she monitored every sound we made or lack of sound became too much. I really cared for Sharon, I trusted her in my home, she had a spare key and my kids even called her grandma. I thought were pretty close.
And because I cared for her so much, I was very cautious of any noise we could be making. If she ever mentioned any noise I always tried harder to be mindful of her. But it got to the point that even if I forgot my phone and ran in with shoes on for a few seconds to grab it ...guaranteed I would hear about it the following hair visit. Each year I’ve felt more and more anxiety over every little sound we made. I yelled at my kids, always trying to keep their noise to a minimum. I started getting the kids to brush their teeth in the kitchen. I literally was altering our daily activities to try make Sharon happy. No matter what I did...she never stopped reporting what she heard from us, even if she heard nothing. She had to tell me week after week.
Her last hair visit with me was March 20th. She sat down and the first thing she said was “And why aren’t you social distancing?”. I was confused because the kids and I spent our days watching Netflix. All activities for my kids were cancelled, there was no school, even the kids parks were taped off. We were completely keeping to ourselves . So I asked “what exactly have you seen me doing Sharon?”
She replied “I haven’t heard you guys at all so I know you are out and about!”
She could sense my annoyance so she raised her hands and said “I just want you guys to be safe”.
For me that was it, I didn’t want to deal with Sharon anymore. I’m doing something wrong even when she doesn’t hear us. Her delivery is always as if she knows exactly what we are doing at all times. She reports to me with such certainty as if she has cameras on us. It is all too invasive, and I’m so tired of having to deal with it. I decided I no longer wanted to do her hair. Why should I give her the opportunity to talk to me when I no longer want to hear her?March 24th, 4 days later. I get a phone call from Sharon at 12:30am. I didn’t answer. I knew a phone call from Sharon at that time is only to scold me. And sure enough when I played her voicemail, I was right.The very next morning she calls me again around 9am. I didn’t answer, because I didn’t hear my phone ring. She left me a voicemail with a pleasant voice this time, informing me she is headed to shoppers and wanted to know if I wanted anything. I called her back 15mins later but I got her answering machine. That was the last contact I have had with her.In 12 years, we have never had an argument and I haven’t ever raised my voice to her. I was always respectful and mindful of her even if she was causing me distress.Shortly after the health order was lifted and stylists could do hair again. My friends begged me to do their hair. And because Sharon’s suite faces the visitor parking she can see my friends coming and going. I guess she then realized she was not getting a phone call to resume our weekly appts. It was not long after that I was issued a letter stating my child has been running his scooter on the floor of my condo.
Now I just finished telling you the anxiety I feel over making any noise Sharon could complain about. How long do you think I would possibly let my son ride his scooter knowing how programmed I am to prevent noises? At max he’d get once down the hallway before his Butt got spanked and the scooter was taken away. When I recieved the letter, I decided I’d fix the issue by storing the scooter in my car.Sharon is well aware that Claudia has been trying to prove I have a business for years. Now that Sharon is no longer recieving my gift of hair services she has decided to cause trouble for me. What better way, than to add to the trouble Claudia has already started.Soon after the scooter complaint, Sharon then reports unauthorized plumbing. She knew a report like this would add to suspicion of me running a business in my home. She also knew full well when my surgery was. She had it on her calendar and knew I wasn’t going to be recovering at home. A complaint like this of course would require strata to enter my home. Resulting in fines if I couldnt make it back to let strata in. What a great way to start a storm of trouble for me. And she succeeded.If that wasn’t enough, she has now compiled a very detailed list of when I was creating noise and how I was creating it. I guess with more detail, the more believable it is...right?
Here is her list:It’s crazy that she is downstairs taking note of all of this. Remember, in 12 years this woman has never filed a complaint against me. My eldest son is 10, no complaints since I’ve had kids...at least till now.
My kids and I didn’t magically get louder. We don’t throw parties, we didn’t take u
Customer
tap dancing and my place didn’t suddenly become a skate park for my kids. But her complaints magically appeared after she realized I wasn’t going to do her hair anymore.
April 4th is the first listed noise incident and the last is June 16th. Although the first noise complaint came way after April...it coincidentally came after my girlfriends had been leaving my home with perfectly coiffed hair. Remember she watches everyone park from outside her window.It just amazes me how she is so certain of every activity my kids and I are engaging in on each of these dates and she knows exactly how long we are doing each thing. I really have to wonder if she has a camera in our home. Or if she is some sort of forensic sound expert.Since I wasn’t even sure what I was doing on these dates, I did some investigating on myself.
Through pictures on my phone and text messages between my ex husband and I.... I can prove that on many of the dates and times the kids and I were not even home. When she says my kids are riding scooters at 11pm..I don’t even have my children....they are with their dad. Which raises the question...how creditable is Sharon when I can literally prove no one is even home during these supposed noise infractions? She’s either making things up or she’s hearing things without me there.Her complaints are vengeful and she’s using you all to help her.
I went back to my place to grab some essential comforts to take back to my dad’s....Sharon heard my footsteps, called a bylaw officer, she had buzzed him in and had him knocking on my door within 15mins of me arriving. She is using any avenue she can to play out her vengeance. It’s actually disturbing how much energy and thought she has put into all of this.When the bylaw officer arrived,
I had to get up and come to my door in pain. I was annoyed that someone was unexpectedly at my doorstep. Even he saw how much pain I was in, he handed me his card and told me to call him in 2 weeks. How is this ok to let people into our building to knock on your neighbor’s door?.While I was recovering at my dad’s my friend would often pass our build during his work day.
He would turn and do a loop when he saw the bylaw officers vehicle. And sure enough it’s Sharon talking to the same bylaw officer. My friend who is waiting outside right now, was here when the bylaw officer arrived at my door. So he knows exactly what he looks like. And he knows exactly what Sharon looks like. He has been interrogated by her, when he simply came by on his bike to visit me.He saw Sharon and the bylaw officer outside talking not just that once but a few more times on different days. She is working overtime to make sure someone is following bylaws.Just from the sequence of events, I think things are pretty clear. There is a hidden agenda behind all her complaints.So from Claudia weaseling her way into my home to snoop (which btw I have 4 witnesses to that incident)
-repair men being briefed about me then sent in to my home to snoop and take pictures
-the repeatative letters assigning guilt and threatening fines
-The instruction of me to remove furniture from my home or I’ll be fined $200 every 7 days and apparently legal fees as well
-the woman who lives below me who monitors my every movement. Who is vengeful and entitled. (Btw, she sleeps at 10pm, her son sleeps all day and gets up and continues monitoring me. I’m surveillance
24hr a day by these two)
-and Joseph who could care less if he dragged me out of my place of recovery and wasted my time. Who doesn’t see me as a person worthy of a response or any acknowledgement.
-for all these reasons, spanning 6 long years....I have decided to sell my home. I feel I have no other choice. No one should have to live like this.Now that I have aired my side of things. I hope Joseph will stop entertaining complaints that aren’t proven to be true.
You know she , actually bragged to me once that Joseph always called her back, and that he really liked her. She said she had Joseph in her back pocket , and from what I see, she sure does.I’m tire of all this. I am asking you to please leave me alone as I try to sell my home and get away from here.
Customer
This was their response:
Customer
Dear Lovelyn;
Council would like to thank you for attending the hearing held on July 27th, 2020 to discuss the notices for excessive noise, unauthorized plumbing repairs and operating a business which allows clients into the building.
Following discussions pertaining to these items, with your verbal and written responses, the following decisions have been made by the Strata Council:
As it pertains to the unauthorized plumbing changes, the investigation was hindered by boxes and personal items which prohibited the inspection of this reported violation. Therefore, the Council will require another inspection of the unit. You will be advised in advance of the inspection date and the specific areas which will be required to be free of furniture, boxes or personal items in order to properly conduct the investigation.
With regards ***** ***** noise complaints, it is the decision of Council that, with exception to the noise caused by the hairdressing chair, that these issues have been addressed by yourself as no new complaints have been received and therefore no further actions will be taken unless new complaints are received. In regards ***** ***** hairdressing chair, as per the agreement at the hearing, an in-suite investigation will be conducted so that Council can determine the level of noise caused by the chair while being operated. This will be scheduled at the same time as the plumbing inspection in order to reduce the inconvenience to yourself. Again, advance notice will be provided.
Council has fully discussed the complaint pertaining to the operating of a business that requires clients to attend the building. Based on a balance of probabilities, which is the test by which a council must use to enforce the bylaws, and in considering the frequency of action reported in the unit, it is the decision of the Council to uphold the fine notice sent in this regard. Due to the frequency, it is not feasible for Council to believe that you are providing a “free” service to “friends” on a continuous basis. At the hearing you did note that you provided your services to “clients” elsewhere and then had them attend your unit to take photos, although Council has photos of persons at all stages of the hairdressing process being conducted within your unit. Even to have “clients” attend for photo sessions would be in violation of the bylaws. The photos also show the clients using masks indicating that these services were performed during COVID-19 and likely when a retail hairdresser would be closed. Council understands that many owners are negatively affected by COVID-19, however, owners must continue to follow the bylaws. In addition, the Council does not find it feasible that you are providing a large part of your service, conducted within your unit, free of charge when you noted that It is difficult for a single mom financially in these difficult times. Please note that it is not a requirement that Council prove that money has changed hands. In lieu of this decision, any further noted infractions will result in fines.
Kind Regards;
Joseph Bastien
Senior Strata Manager
http://www.vipquest.com/bc/crossroadsmanagement/apps/logo.gif
#1001 - 7445 - 132nd Street
Surrey, BC V3W 1J8
Phone: (###) ###-####Ext. 241
Fax: (###) ###-#### Website: www.crpm.ca
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Debra, Expert

That was so gripping that I read every word.

You must be devastated as you've been treated so badly by your community because this is supposed to be community living.

The noise complaint is clearly nonsense and they didn't want to give up on it but they feel like they have to unless your chair makes noise. I've never myself seen a chair make noise in any beauty salon that I've been to so I'm surprise that they think that could be the case but you will prove them wrong.

With this with respect to the plumbing you will show them that there is no plumbing that shouldn't be there.

With respect back to the photography issue you are clearly not a photographer and not in the business of taking photos so that is utterly preposterous for them to say you cannot bring people in your home and take photos of them.

The main issue is whether you were running a hair salon business in your home. That is where you were going to have a bit of problem if you end up in court. They are clearly saying you are being dishonest and that the mask photos show that you had to been doing the work in your home because of Covid.

You will have to show that anyone who came to your home as a family or friend that you were doing your hair for free either always ordering Covid.

As well, one would think that if you can show that you always work outside of the home and now on occasion inside the home because of a unprecedented global pandemic I cannot see how any court would say that is wrong when everyone has been told to work from home if they can.

I think that they are bullies and they are out to prove that they are correct. For this reason my own view is of your best next step would be to retain a lawyer to take them on.

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

***-***-**** or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Also, if you wouldn't mind going back and rating your other post that would help my standing on the site because now I have two open posts unrated for you.

Thanks!

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