Dear Condo Smarts: We have been viewing a number of condos in the past few weeks to purchase as our new home.

In the process of reading minutes we have found a number of conditions in each of the condos where the strata corporation could not provide us with satisfactory answers, so we did not pursue the sale.

We were faced with the refusal of the property manger and the strata corporation to disclose information on two issues.

The first was insurance claims and what parts of the building were damaged and restored in a major insurance claim, and the second was warranty claims.

Is this a normal practice and doesn't the strata have to disclose this information when someone requests it?

Dear MC: A prudent buyer will investigate building history, financial operations, financial reserves, maintenance schedules, the minutes of the meetings, and warranty and insurance claims that might affect your purchase.

As part of the records and documents in the Strata Act, the strata must retain correspondence sent and received by the strata corporation which could be warranty or insurance information, but that is only for a period of two years.

 They must also retain warranty documents and records, but if they do not include warranty or insurance claims and reports as part of the minutes of council meetings, there may not be a record of any such claims, other than the correspondence.

Unless you as the consumer specifically request copies of claims history for warranties and insurance claims, you would have no way of knowing that information.

If there was a related claim on the strata lot you are interested in, the vendor would also have a duty to disclose that information, but the conditions and claims of common property would have to be disclosed by the strata corporation, if requested.

Buyers should exercise caution when purchasing a unit if the strata or owner is unwilling to disclose warranty or insurance information.

If there is a history of insurance claims, you may be able to identify this through the deductible amounts shown on the strata insurance policy, but they only relate to history, not the current or future risk of the property.

For example, if the insurance deductible for water escape is $2,500, it is a good indication that there have been few if any water damage claims by the strata or owners, but if the deductible is $10,000, $25,000, or higher, it is obvious that a series of claims have resulted in a greater risk for the insurer and costs for the strata corporation.

Buying a condo today is also about protecting your future investment. Don't take anyone's word for anything. Review all the documentation available and confirm your requests in writing for additional information.

As published in Vancouver province may 17th, 2009, and written by Tony Gioventu

Tony Gioventu is executive director of the Condominium Home Owners' Association. E-mail: tony@choa.bc.ca.

As published in the Sunday April25, 2009 edition of Vancouver Province

CONDO SMARTS

Dear Condo Smarts:

Thank you for your timely column on election signage a few weeks ago. Our strata is unclear on one issue. Can we create a bylaw or rule that prohibits the size of signs that are placed on a strata lot or common property?

- MM, Abbotsford

Dear MM: Our offices province-wide have been inundated with the same question.

Yes, section 228.1 of the Election Act permits a landlord, a person or a strata corporation to limit the size of a sign by setting reasonable conditions.

However, what a strata corporation has to remember is that to set conditions on a strata lot would require a duly ratified bylaw at a general meeting that has been registered in the Land Title Registry. A strata corporation may prohibit signs on common property, including common areas of a building, and that may be either through a proper bylaw amendment or through the creation of a Rule by council. The new Rule must be properly ratified by council and the strata must inform owners and tenants of any new rules as soon as feasible.

A strata corporation in White Rock has a bylaw that limits the placement of election signage to only the display from strata lots, and to signage no larger than one metre by one metre, which is still significant. In a bare-land strata in most circumstances it will require a bylaw to limit or restrict signage. Most signs are displayed on the property adjacent to the buildings on a bareland strata, which is almost always part of the strata lot.

Don't make the mistake in assuming the Act gives you the authority to limit or restrict signs. The Strata Property Act is silent on election signage, and only gives you the ability to create the appropriate bylaws or rules permitted by the Election Act.

Comments by;
Tony Gioventu is executive director of Condominium Home Owners' Association. tony@choa.bc.ca.

  If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net

 Courtesy of;Tony Gioventu is executive director of the Condominium Home Owners' Association. Send questions to him at tony@choa.bc.ca. The association's website is www.choa.bc.ca.
Vancouver Province April 19th,2009

CONDO SMARTS

Dear Condo Smarts: In the heavy rains recently, we discovered our living room almost flooded, which appears to be the result of an open window.

We were quite confused as to how this could happen because our building has very large overhangs. We contacted the council and were told, "It's in your suite; it's not our problem."

That i n c l u d e s our damaged hardwood floors the developer installed and several pieces of our furniture. Not including the drywall damage, the cost is easily going to exceed $10,000. Shouldn't our insurance pay for this?

On top of it all, we noticed the gutter above our unit has all but collapsed, which is the likely the culprit and the source of the flood.

Our building is only three years old and we're told by our manager that this should also be a warranty claim. Between the warranty and our insurance, who pays for what damages?

Dear SF: The warranty on the building envelope covers the general building exterior systems for five years.

To determine if it is a warranty claim, the cause of the gutter failure needs to be established.

Your strata must also have the building system inspected to confirm there is no other damage or failures.

If any are discovered, contact your warranty provider and builder to set up a repair schedule.

The damage t o t h e common assets of the b u i l d i n g from an insured peril and the damage to your personal property are different than a warranty claim to the building.

The original hardwood floors, if they were installed by the developer, are part of the common assets of the strata corporation and, yes, they fall under your strata insurance policy.

Your building has never filed an insurance claim so your deductible is well below the cost of the damage that would include the floors, drywall and other common assets.

Your personal property, such as furniture or antiques, are items that are insured separately by each owner. If, however, the strata corporation was aware of the failure of the gutters, and chose not to effect any repairs, there may be sufficient reason for you to claim your personal damages against the strata corporation as well.

With proper homeowner insurance and the coverage of the strata policy, your costs should be minimal.

No matter what, get your strata council to fix these gutters immediately, before more damage occurs or your warranty is placed in jeopardy.

 For more Condo Smart tips check this

If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net

So you live in strata enviornment, condo or a townhome, and want to tear down a wall, move around your electrical or plumbing services or would just klike a larger window.

What do you do? Can you do it? Who should you ask/

Tony Gioventu,  is executive director of the Condominium Home Owners' Association, and comments on this issue in todays Vancouver Province.

Dear Condo Smarts: We live on the upper part of Vancouver Island.

Our townhouse strata was informed by a new owner about a leak in their living room. The council inspected the home to discover that the previous owner back in January had removed the gas fireplace and installed a woodburning stove and modified the existing windows. Water was clearly getting in around these areas.
We have hired a contractor who is returning the construction to the original, and we have instructed him to remove the wood-burning stove.
The new owner is furious because she intended to heat her unit with wood, not realizing she is already paying for gas heat as part of her strata fees.
Even the real-estate agent knew about the changes and didn't say anything.
When do owners have to seek written permission of council before they make changes to a strata lot?

Dear M.J.: Both the Standard Bylaws and your Strata Bylaw Amendments likely have all the direction you need to enforce these bylaws.

If you look closely at the Standard Bylaws under "alterations to a strata lot," it says the owner needs written approval to alter a strata lot for the structure, the exterior, up to and including those parts of the strata lot that the strata corporation must insure under the act.
Here's the big surprise for all strata owners. Fixtures and assets are items that must be insured, and that would include the original gas fireplace, and the original carpets, flooring, plumbing and electrical, and cabinets.
It might seem silly for the strata to have to approve an owner replacing their carpets, but don't forget, if you upgrade or make betterments, the strata is no longer insuring those improvements.
When an owner makes alterations that are not approved - and in this case it would include the exterior of the building - the strata may do whatever is reasonably necessary to remedy the contravention.

This could mean restoring the damages to the original at the owners' cost.
The new owner needs to contact a lawyer once she is aware of the costs, and consider a claim against the previous owner and the agent, who did not advise the purchaser of the unapproved alterations.
There are also serious fire-safety concerns and health concerns, including ventilation, about this conversion.

Was the gas connection terminated properly? Were any permits obtained? Is the venting susceptible to fire and the correct rating for this use?
The owner and the strata corporation also need to contact the local building inspector. An order may be issued by the local office to remove the installation, or a set of conditions may be issued for the requirement of upgrades and a permit, if the strata agrees to the alteration.
Whenever a strata discovers such a significant risk, it also now has a material defect that it is obliged to disclose to its insurance provider.
I've seen similar alterations where gas lines have been spliced to add a gas stove to a kitchen without permits or any consideration for safety. This alteration could affect the status of your insurance or your costs.
If you are aware of the risk and do not disclose or remedy it, and there is a fire, your strata could be faced with little or no insurance

So there you have it. Don't do anything, unless you have been told, in writing, by the strata corporation, that you can go ahead with the changes.

And remember, you may also have to obtain a development permit from the local authority.

If you are looking to Buy or to Sell real estate in Vancouver area, give me a call. My consultations are FREE. The benefits to You, may be worth a lot of money.
Call Jeff Stark at 604-506-8481 or email me at jeff@jeffreystark.net