SNOW REMOVAL: Roadways and driveways are usually common property
Tony Gioventu
Province
Dear Condo Smarts:
We live in a 78-unit townhouse complex in the Fraser Valley. Just as the snow started falling on Saturday, all owners received a notice through our doors advising that it was each owner and tenants’ responsibility to clear our sidewalks of snow and ice, and the areas immediately in front of our garages and the roadways.
Evidently, in a moment of insanity, our strata council decided to spend our snow removal money of $1,500 on Christmas lights a few weeks ago without telling anyone.
Many owners have tried to pitch in, but we simply have too many elderly owners to do the job. Needless to say our driveways and roads are treacherous sheets of ice.
Two questions: 1. How can the strata spend the money without our knowledge? 2. Where do they get the authority to order us around?
— Snowbound in the Fraser
Dear Snowbound:
To answer your second question first — bottom line, they can’t. The strata may only enforce bylaws and rules created and ratified by the corporation.
In most townhouse complexes, the roadways and driveways are common property, and neither the act nor regulations permits a bylaw or rule that makes owners responsible for the maintenance or repair of common property. That includes snow and ice removal.
Consider for one moment who pays the losses if the strata do not maintain the snow and ice removal and someone falls and is injured or worse. Who will be sued? The strata corporation.
It’s also cheaper and more efficient to contract one company to do all of the work.
On the darker side, because the cost of the lights is more than $1,000, the strata council would have required a 3/4-vote of the owners at a general meeting before they purchased them, so the council is erring twice here.
Your owners should address this matter either at your next AGM or at a specially petitioned meeting, the sooner the better.
The snow and ice pose an immediate threat to the safety of residents and visitors, and may prevent emergency vehicles from accessing your properties.
Your strata council needs to take immediate steps to ensure your property is safe and accessible.
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA). Contact CHOA at 604-584-2462 or toll-free 1-877-353-2462, fax 604-515-9643 or e-mail [email protected]
© The Vancouver Province 2006
