Friend in trouble - need help

[skylord]

First...tell her not to ignore her council and hope this goes away. It wont.

Second..request a meeting with council (and show up!) Be prepared with a good story that sounds logical.

Third...Get elected to your strata council. What goes on behind closed doors is none of their business.

Fourth....if all else fails talk to a lawyer.

Now as far as signing papers...she did. If they wernt in her disclosure statements presented to her by her lawyer at the time of her signing, the lawyer would be in big trouble. I dont know strata law in Alberta but I understand it fairly well in BC. I had bylaws passed in order to control one person and/or situation knowing if I were challenged in court we would lose the case. Didnt care. If the person showed up to a meeting and we were able to come up with a reasonable solution they never got fined. Not all councils will act the same. But you need to test it first.

I cant imagine any judge would think this fine reasonable.

Scott

[IceTurf]

well since she signed nothing and if she has actually not agreed to anything more then living there and paying a specified down payment/rent then it is not applicable unless other conditions apply.
-such as laws which are for that particular area


Yea and as already said, if she was not correctly informed by the lawyer standing by during the agreement, depending on somethings, then it is also the lawyers fault. If the downpayments speak nothing about what is or can be housed within her condo, then this case is void. *unless there is something which hasn't been stated yet that is a catch all*

Should be interesting to see the outcome and I wish your friend the best. Since they have no solid ground to stand on, their just bullying.

[albert_dao]

Originally Posted by skylord

First...tell her not to ignore her council and hope this goes away. It wont.

Second..request a meeting with council (and show up!) Be prepared with a good story that sounds logical.

Third...Get elected to your strata council. What goes on behind closed doors is none of their business.

Fourth....if all else fails talk to a lawyer.

Now as far as signing papers...she did. If they wernt in her disclosure statements presented to her by her lawyer at the time of her signing, the lawyer would be in big trouble. I dont know strata law in Alberta but I understand it fairly well in BC. I had bylaws passed in order to control one person and/or situation knowing if I were challenged in court we would lose the case. Didnt care. If the person showed up to a meeting and we were able to come up with a reasonable solution they never got fined. Not all councils will act the same. But you need to test it first.

I cant imagine any judge would think this fine reasonable.

Scott

Thanks Scott, I appreciate your advice.

Just to clarify though, what does it mean to be elected to a strata council?

[Jason McK]

Before anyone buys a Condo. the real estate agent requests the last years minutes of strata meetings and the strata bylaws. These is no signature that binds you to agree to the bylaws. Purchasing a condo in that strata means you will obey the rules. If this was not done there is little that can be accomplished.

Sorry
J

[skylord]

At the AGM(annual general meeting)a council is elected. In BC most councils last one year and you elect a new council or re-elect at the AGM. Spending a year on council is the best way to understand strata. In BC the new strata act requires 2 years of past minutes and the by-laws for that strata. I would venture to guess 90% of strata buyers never see those papers and just take the word of their Realtor that its a perfect world. Lawyers make sure those papers are there and are willing to explain what they mean, but you have to ask the questions. Getting elected to council means you are agreeing to make as many meetings as possible....generaly once a month. Its a thankless job and very few people ever bother to help, but it is a good learning experience.

Scott