The Cry for Help from a Strata Resident
Richard Shatto, May 2, 2013
Yesterday, I got a call from the owner of a Vancouver Island condominium who had some questions and concerns over the "next-step" actions his strata council was proposing in the aftermath of his strata building assessment and depreciation report. He was heading that evening into the all-important strata meeting where they would vote regarding decisions about what repairs either did or did not need to be done.
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His main question was, is the strata obligated to do everything immediately? I first explained that not being a lawyer, what I was about to opine would a legal one too. I went on to suggest I did not believe the depreciation report, in and of itself, obligated the strata to do the work it suggested and certainly not in an immediate or strict timeline. In fact, the strata may not be required to make any repairs if they chose not to, though, I strongly suggested, that was probably not the best strategy. My advice was that he and other concerned owners discuss creating operational and fiscal options for re-mediating the problems, perhaps on an iterative basis, say, doing one building one year, anther the next and so on.
An interesting take-away on this story is that depreciation reports and their strategic aftermaths can be a mixed bag of good and bad, and much of that depends on the scope of the depreciation report itself. In this case, the strata had opted for doing an intensive building inspection to get a full read on the condition of their building and making the depreciation report itself more expensive (NOTE: as I've pointed out in previous blogs, doing an extensive inspection is not required). In this case, an inspection was done and it turned up some bad news, envelope issues, that would cost some money to repair. And, while that leaves owners with some work to do and money to be spent, it brings the building up to the condition it should be.
So, what if the depreciation report had chosen to NOT pay for the the inspection? The strata would have fulfilled its obligation to do the report, but it would not have known (or at least documented) the "gremlin" lurking within its building's walls. Incoming buyers of units would have been unaware of the potential costs and invested in a sub-standard property without knowledge of it.
In a situation where an inspection isn't done, and a problem is subsequently found, a legal question emerges its ugly head, who is liable? Should the authors of the depreciation report be liable for not finding the issues? Not because they investigated and didn't find it, which is always possible, but because they didn't look; chose to turn a blind eye. Or, should the strata be liable because they didn't require (read: pay for) a legitimate inspection that would have/should have found it?
For this owner, now lamenting the nefarious report and especially the inspection that had found the problem, I advised that it was better for all stakeholders to know what the real condition of the building is. It's now a matter of working together with everyone to create a proper, workable plan and timeline to deal with it. The best possible outcome in my opinion, is a strategic property maintenance plan put together by a reputable property maintenance (not management, maintenance) company to take care of the long term needs of the buildings.
It is hard to imagine this as a unique situation. There will be literally hundreds or thousands of stories like these over the next few years. Let's hope the government, property managers and strata councils have wisdom and prudence in knowing how to manage them.
Does your strata need an inspection or a depreciation report? Contact Point Nexus Consulting for a discussion. To learn more visit our website: www.pointnexus.ca