A dispute about repairs to a retaining wall at a Summerland strata was decided at a Civil Resolution Tribunal. (John Arendt - Summerland Review)

A dispute about repairs to a retaining wall at a Summerland strata was decided at a Civil Resolution Tribunal. (John Arendt - Summerland Review)

Summerland retaining wall dispute reaches Civil Resolution Tribunal

Issue arose in disagreement over who is responsible for wall repairs

A dispute about who must pay to repair a retaining wall at a Summerland stratum brought property owners and a strata council before a Civil Resolution Tribunal.

The applicant, Bon Yaseniuk, said the retaining wall is not common property, so the owners of strata lots on which the wall is located must pay for its repair. The strata said the wall is common property, even though it is located on certain lots within the strata.

READ ALSO: Summerland Waterfront Resort owner awarded $67.50 following rental dispute

READ ALSO: B.C.’s online small claims court a world first

The strata was created in 2005 and consists of 24 strata lots. While the strata plan identifies some common property, Katie Campbell, vice-chair of the tribunal, said the retaining wall does not meet the criteria of common property. Instead, the wall is part of the property of the lots on which it is located.

The strata said a bylaw, approved by a three-quarters vote in October 2019, makes it responsible to repair the wall. However, Campbell said a bylaw amendment has not been filed with the provincial Land Titles Office. Until the bylaw is filed, it has no effect, she said.

At a stratum, general meeting held on July 30, 2020, strata ownership voted in favour of a three-quarters vote approving a $401,000 special levy to pay for wall remediation.

The strata collected payments of $16,714 from each owner and deposited them in a separate bank account.

However, Campbell said the strata was not entitled to collect this special levy from the owners.

“The strata was not entitled to require owners to pay for that expense,” she said. “The strata had not yet filed the October 2019 bylaw amendment which would give it authority to do so.”

As a result, if the strata have not filed the October 2019 bylaw amendment in the Land Titles Office by May 26, 2021 — two months after the date of the tribunal’s decision — it must refund all special levy payments collected and interest earned.

The strata may not spend strata funds to fulfill the conditions of the October 2019 resolution.

In addition, the strata must reimburse Yaseniuk $225 for his tribunal fees.

To report a typo, email:
news@summerlandreview.com
.



news@summerlandreview.com

Like us on Facebook and follow us on Twitter.

Housing

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C.’s 2021 budget is trending in the right direction to support farmers, says the BC Fruit Growers’ Association. (Phil McLachlan - Capital News)
BC Fruit Growers’ Association gives thumbs up to provincial budget

BCFGA general manager said budgetary investments put farming industry on a good trajectory for recovery

Vernon Vipers forward Tyler Carpendale (left) and Salmon Arm Silverbacks counterpart Noah Serdachny keep their eyes on the action during Vernon’s 5-2 B.C. Hockey League pod play win Tuesday, April 20, at Kal Tire Place. (Lisa Mazurek - Vernon Vipers Photography)
Vernon Vipers romp past Salmon Arm

Snakes score 5-2 B.C. Hockey League pod play victory Tuesday, April 20, at Kal Tire Place

Susan Martin and Peter Gook from Salmon Arm are the honorees in Vernon for the Alzheimer Society of B.C.’s largest fundraiser, the IG Wealth Management Walk for Alzheimer’s. People are encouraged to register, fundraise and walk throughout May 2021 to support the programs and services of the society. (Contributed)
Salmon Arm couple honoured in this year’s walk for Alzheimer’s

People are asked to participate to raise funds for the Alzheimer Society of B.C.

Members of the city’s environmental advisory committee and some city councillors would like to receive and provide input into an application for a groundwater licence in Salmon Arm for the purpose of bottling fresh water. (Lachlan Labere - Salmon Arm Observer)
Concerns raised over water licence application in Salmon Arm for bottling water

Neighbours want to know more, city councillor concerned about commercial use of public aquifers

Photo: pixabay.com
Morning Start: What does space smell like?

Your morning start for Wednesday, April 21, 2021

A lone traveler enters the Calgary Airport in Calgary, Alta., Monday, Feb. 22, 2021. THE CANADIAN PRESS/Jeff McIntosh
VIDEO: Trudeau defends Canada’s travel restrictions as effective but open to doing more

Trudeau said quarantine hotels for international air travellers will continue until at least May 21

B.C. Finance Minister Selina Robinson leaves the assembly with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
Paid sick leave for ‘hard-hit’ workers left out of provincial budget: BCGEU

‘For recovery to be equitable it requires supports for workers, not just business,’ says union president Laird Cronk

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

Sheldon Pierre Louis’s winning mural design, “kʷu mr̓imstn, we are medicine.” (Facebook: Okanagan Nation Alliance)
Syilx artist selected as winner of Kelowna Gospel Mission’s mural project

Sheldon Pierre Louis was also awarded $10,000 for his winning submission, “kʷu mr̓imstn, we are medicine.”

In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin’s trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. THE CANADIAN PRESS/Court TV via AP, Pool
George Floyd’s death was ‘wake-up call’ about systemic racism: Trudeau

Derek Chauvin was found guilty Tuesday on all three charges against him

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Rowing Canada sanctions former head coach of B.C. varsity women’s team

Suspension of Barney Williams would be reversed if he complies with certain terms

A man pauses at a coffin after carrying it during a memorial march to remember victims of overdose deaths in Vancouver. THE CANADIAN PRESS/Darryl Dyck
B.C. announces historic half-billion-dollar funding for overdose crisis, mental health

Of it, $152 million will be used to address the opioid crisis and see the creation of 195 new substance use treatment beds

Most Read