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Archive for May, 2009
Act quickly with hardship claims
Sunday, May 3rd, 2009Tony Gioventu
Province
Dear Condo Smarts: Our strata of 32 units has a rental bylaw that only permits three rentals. Since the economic slump, we have received five applications from owners claiming hardship due to job loss, financial pressures, relocation and loss of value. We can’t find any resources to help us define hardship or how to assess claims. — Jay W, Prince George
Dear Jay: Hardship is a term created under the Strata Act that potentially permits an exemption to rental bylaws; however, it is not defined by the legislation. It is not defined because what constitutes a hardship for one person, may not be a hardship for another. For example, if owners lose their job, and are unable to pay their strata fees and mortgage because they have no other financial resources, that may be reasonable grounds for hardship. If they lose their job, but have no mortgage and substantial financial assets to support their lifestyle, that may not be a hardship. While the Act leaves little interpretation, it does provide you with tools to process the application. When a person applies for an exemption, there is a short window to respond with as little as two weeks after the application is given. If you miss the dates, the exemption is automatically given.
In decision of Als vs NW1067, a number of precedents were established. A strata corporation is permitted to request copies of the owner’s financial information and information regarding other grounds of the alleged hardship that is necessary to establish whether the claim is credible. A loss of property value itself may not constitute hardship, but other compounding circumstances may.
It is necessary for the strata to collect all relevant information before they can make a decision. Remember, you must not unreasonably refuse. The courts have also quashed a bylaw that elevated the test to “undue” hardship. The Personal Information Protection Act also applies in these circumstances if your strata corporation has collected any personal information from the owner to assess the application.
If you deny the claim, ensure that you have maintained copies of those records in accordance with the Privacy Legislation. You may find yourself in court defending such a claim. The strata is also permitted to limit the period of time of the exemption. The strata may limit the period and request that the exemption be renewed before the period would be extended.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. [email protected].
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Troubled bridge over Burrard waters
Friday, May 1st, 2009Controversial lane closures will return to Vancouver span this summer
Christina Montgomery
Province

Cyclists cross the Burrard Bridge yesterday in Vancouver. Up to two lanes of the bridge may soon be reserved for bicycles in a trial run to promote safety. Photograph by: Jon Murray, The Province
Controversial lane closures that pitted cyclists against motorists — and delayed commutes by about 15 minutes — a decade ago will return to Vancouver‘s Burrard Bridge this summer.
The only question: Will it be one lane or two given over to the $1.5-million test of how to make the aging, six-lane bridge friendlier to growing pedestrian and cyclist traffic without badly jamming the busy commuter route.
A staff report heading for council next week — and what is likely to be a large crowd of speakers — doesn’t make a formal recommendation on any of the three one- or two-lane options it presents.
But it notes that closing just one lane would make life less miserable for motorists.
The trial will run past Labour Day if approved, with an assessment ready by October and a final report on any permanent changes, repairs and upgrades to the bridge ready by early 2010.
Work on Cambie and Granville streets will be largely done in time for the trial.
Much of the vehicle traffic is expected to flow to the Granville Bridge, whose eight lanes now carry 60,000 cars a day. Burrard, with six lanes, carries 70,000.
The trial options include:
– Four lanes for vehicles, a curb lane in each direction for cyclists only and both sidewalks for pedestrians only. Advantage: safer for pedestrians, better and safer biking conditions, best way to test effect on motor traffic and goods movement;
– Five lanes for traffic, west curb lane for southbound cyclists, west sidewalk pedestrian-only, east sidewalk shared by cyclists and pedestrians. Advantage: Less impact on drivers, better and safer cycling, no change in pedestrian access to bridge;
– Five lanes for vehicles, one lane for southbound cyclists, east sidewalk for northbound cyclists only, west sidewalk for pedestrians only. Advantage: Pedestrians get sidewalk they mostly use, cyclists and pedestrians separated for safe passage.
A one-lane closure in 1996 that backed up traffic by about 15 minutes was cancelled after five days when drivers and downtown business groups complained.
But physical conflict between cyclists and pedestrians on the narrow sidewalks continued. One woman, thrown into traffic and injured when she swerved to avoid a pedestrian, later sued the city.
Barriers along the sidewalks were rejected when it was determined the walkways are too narrow for them. New sidewalks hung from the outside of the bridge would cost about $63 million.
Coun. Heather Deal, who is spearheading the ruling Vision Vancouver party’s push for the trial run, told The Province the test is worth running despite controversy about the past effort.
“It’s simply not practical to leave [bridge traffic] the way it is,” she said. “It’s a safety issue.
“We’re going to provide a safer alternative that’s going to save taxpayers some money.”
The report is expected to be held over until Thursday to accommodate speakers.
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It’s time for annual bike-registration fee
Friday, May 1st, 2009Jon Ferry
Province
Despite all the self-righteous chatter about people in Metro Vancouver needing to get out of their SUVs and start riding bicycles or taking transit, the vast majority of folks who travel around our region daily still do so by motor vehicle.
The region’s outdated traffic-management system, meanwhile, guarantees that getting in and out of the city of Vancouver can sometimes be a nightmare.
So closing one or two lanes of the Burrard Street Bridge to auto traffic this summer, as Vancouver city council appears set to do, will likely simply compound the misery.
On the other hand, there is an outside chance this brave new experiment could prove a progressive step toward promoting an increasingly green city, as a majority of Vancouver councillors undoubtedly believe.
The travelling public will have six months to give it a thorough road test — unless, of course, a public outcry forces city hall to put a stop to it earlier, as it did during a similar six-month trial in 1996. That experiment lasted just a week.
Certainly, many of Vancouver‘s vocal bicycling advocates will applaud the latest lane exchange, which should make it easier for them to head downtown without having to share a narrow bridge sidewalk with pedestrians.
Whatever the outcome, though, I believe it’s high time bicycle riders in B.C. stopped getting a free ride and started paying their fair share of road taxes and other fees.
An annual bicycle-registration fee of, say, $50 would be a good start, with cyclists being required to display bicycle-identification plates.
This is not something I’ve suddenly dreamed up. I discussed it with Critical Mass riders over Christmas. And it’s been advanced by cyclists themselves as a way of funding badly needed new cycling lanes and routes.
It might also help end the bad blood with motorists, many of whom consider cyclists to be little better than freeloaders. And it could well encourage them to become more responsible road-users, by making it easier for police and others to identify rule-breakers.
Indeed, that’s one of the reasons given by Republican legislator Wayne Krieger of Oregon for proposing a bill that would require cyclists to register their bikes with the state, paying a fee of $54 US every two years. “Here in Salem, a lot of people are tired of how folks blatantly break laws on their bikes,” Krieger said in a BikePortland.org interview. “And I’m not talking about kids, I’m talking about adults. If they have a sticker then you know who it is and you have some way to track them down.”
However, Krieger’s taxation initiative has been called everything from stupid to just plain crazy. And an Associated Press story said the odds of Oregon Gov. Ted Kulongoski signing the bill appeared to be only slightly better than his chances of winning the Tour de France.
But is it really any madder than jamming up one of Vancouver‘s busiest bridges with motor-vehicle traffic in the height of our key tourist season? I think not.
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