TC D5NEW HOMESEditor: Angela Mangiacasale • Telephone: 380-5341 • E-mail: features@tc.canwest.comTIMES COLONIST • WEDNESDAY SEPTEMBER 26 2007

Dear Condo Smarts: Our stratacouncil has been dealing with anowner who we suspect, over the

past years, has never thrown out a thing,including their garbage.

We suspected there were problemsbecause the owner has always been ashut-in, but no one ever complained untila medical emergency a few weeks ago,when a neighbour needed to get 911assistance and access the strata lot.

The conditions are unbelievable to saythe least. The papers are piled higher thanthe windows. There is garbage every-where, and feces from rats and pests inevery corner.

The owner is refusing access to cleanit up. We contacted the local health board

and it won’t intervene. The owner’s fam-ily members have told us to mind our ownbusiness.

We’re frustrated because we havefound, over the years, that enforcingbylaws is just a waste of time, so what dowe do?

Mrs. C.M. Findlay

Dear Mrs. Findlay: Many stratacouncils have a misconception that theyneed a written or verbal complaint fromsomeone before they enforce a bylaw.

Not so. If a strata prohibits pets anda council member sees a cat in a residencewindow, or a bylaw prohibits barbecuesand there’s a barbecue on a deck, thecouncil member can file the complaint.

Don’t wait for things to get out of hand— act when you’re made aware of theproblems.

Annual suite inspections are alsoincredibly valuable. The strata can inspectplumbing and window systems for main-tenance requirements, and at the sametime, you might become aware of condi-tions that place your building at risk, other

bylaw violations, grow-ops or unautho-rized alterations to the building structure.If an owner has created a disaster in hisor her suite, you can start the processbefore it gets out of hand.

Bylaw enforcement takes time andorganization. The strata can remedybylaws, including work on a strata lot,and require the owner to be responsiblefor the costs. Enforcing bylaws is not onlyabout fining people, but ending the vio-lations.

A provincewide pilot mediation pro-gram for strata bylaws is now availablethrough the B.C. Arbitration and Media-tion Institute. For a fixed fee of $350, plustravel costs and taxes if any, the partiesget a two-hour mediation for a bylaw dis-

pute. A mediated settlement often quicklyand economically solves the problems,and maintains goodwill between the par-ties who still have to live there when thedust settles.

For more information on the program,go to the website www.bcami.com.

Tony Gioventu is executive directorof the Condominium Home Owners’Association (CHOA). Send questions

to him c/o New Homes, Times Colonist,2126 Douglas St., Victoria, B.C.,

V8T 4M2 or by e-mail attony@choa.bc.ca. Contact CHOA

toll-free at 1-877-353-2462. The association’s website is

www.choa.bc.ca.

No complaint necessary for strata to act against bylaw violatorsTONY GIOVENTU

Condo Smarts

Condo living is

‘carefree, not cost-free’The freedom of owning a condo comes

at a price — the fees for everything from landscaping to roof repairs

STORY BY KATHERINE DEDYNA • PHOTOS BY DEBRA BRASH

Times Colonist staff

Ron Bahrey used to drive to the Y whenever he had time for aquick workout. Now he takes a 60-second trip from his ninthfloor condo and hops on state-of-the-art equipment with aview of St. Ann’s Academy grounds.

“Since you’re at home, it’s easy to pop in,” says Bahrey, 49,who notes that almost every condo development completed in the last yearhas a similar facility.

Among Victoria condomini-ums’ escalating amenity pack-ages, The Juliet, going up onBlanshard Street, will offerrooftop telescope and cinema aswell as complimentary car co-op membership, while Shuttersat Songhees boasts an outdoorswimming pool and spa.

The $10,000 worth of equip-ment at the Belvedere isBahrey’s favourite amenityamong the many covered by his$255 monthly condo fee at thehigh-end project on HumboldtStreet. He gives a quick tour ofa spacious main floor that boastsa large activity room with flat-screen TV, fireplace and pooltable and comfy contemporaryfurnishings; a soon-to-be yogastudio, a workshop and conven-ient bike storage room.

Bahrey, a realtor who spe-cializes in condos and serves onthe Belvedere’s strata council,knows the freedom of condo lifestarts with the f-word: fees. It’show unit owners underwrite all the work that residents escape — fromlandscaping to roof repair — along with deluxe services few homeown-ers could afford on their own.

Bahrey’s fees for his two-bedroom are comparable to city taxes he alsopays of about $300 a month. And, members know that, like taxes, everyyear fees go up. “I haven’t seen any that go down,” says Bahrey, who haslived in a lot of condos and says he gets good value at the Belvedere.

His fee covers garbage collection (now $150 per year for a single-fam-ily home in Victoria), water, a parking space, home insurance for all butcontents; resident caretaker and security system with 24-hour recordedvideo surveillance. Elevator maintenance and rock landscaping with awaterfall are also covered.

About 10 to 15 per cent of fees go into a contingency fund for futureexpenses at the Belvedere. Unlike Ontario, future costs are infrequentlyreflected in B.C. condo fees. Instead, B.C. stratas tend to deliver a bigwhack with a special levy when the work has to be done, says TonyGioventu, executive director of B.C.’s Condominium Home Owners Asso-ciation.

In contrast, Ontario fees are set by condo owners within provincialparameters that require mandatory reserve planning.

“There, the strata has to have a depreciation report for the next 25 yearsdone for what the future costs are going to be and they have to contributethat money to the reserve,” Gioventu explains.

Please see CONDO, D6

Ron Bahrey, a realtor who specializes in condos, says the well-equipped gym is his favourite amenity at his down-town condominium. As well as the gym, Bahrey’s monthly $255 fee covers garbage collection, water, a parkingspace, home insurance for all but contents, elevator maintenance, landscaping, resident caretaker and securitysystem with 24-hour recorded video surveillance.

Condo fees cover the cost of maintain-ing the common property that allowners enjoy, such as the rock land-scaping and waterfall at the Belvedereon Humboldt Street.

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• From D5

In B.C. that would result in a “ hugeimpact” on monthly fees, namely mak-ing them much higher, he says.

B.C. strata councils are not requiredto keep a minimum amount in a contin-gency fund. But if the council kitty getsbelow 25 per cent of the value of thecouncil’s operating account, owners thenmust kick in 10 per cent of the next fis-cal year’s budget.

Gioventu notes that there are “reallygreat features” built into condos these

days, but reminds future owners thatthere’s a cost to them. Upscale amenitiessuch as exercise rooms and indoor swim-ming pools can add up to 20 per cent tothe monthly fees even though a pool, forinstance, may be used by no more thanfive per cent of the members, he says.

Buyers should also be aware that waterfeatures and unusual landscaping, suchas gardens atop parking garages, last onlyso long. Future repairs to some of theseamenities can cost hundreds of thousandsof dollars if not more.

“Strata owners need to be prepared topay those kind of costs as they get downthe road,” he says.

For condo developments with golfcourses or marinas that generate revenue,Gioventu warns that tax rates will varyaccordingly.

“Buyer beware,” suggests Gioventu,“because in a lot of circumstances, peo-ple are finding out that those revenues aretaxable and the tax status of the strata cor-poration, which is generally non-taxable,is changed.”

It’s “extremely rare” for people toleave the condo market because they can’tfoot their fees, says Gioventu.

Still, many people think condo livingmeans “somebody else” will take careof everything.

“The big reach for all of us is that, yes,condo living can be carefree, but not cost-free,” says Gioventu. “You still have topay your $200 to $300 a month to makesure that everything is serviced and every-thing is maintained.”

He warns against a common habit ofstrata communities: Using small surplusesat the end of their fiscal year to offset thenext year’s inflation. To avoid unpleasant

surprises, “strata fees should alwaysreflect the rate of inflation.”

More than 60 per cent of new homestarts in the capital region are nowattached housing, meaning many morepeople have accustomed themselves topaying monthly fees. But what they mightnot know is that condo fees mean condobuyers qualify for less of a mortgage thannon-condo buyers.

Many condo buyers are first-time own-

ers putting five per cent down. Buying a$300,000 house, they would qualify foralmost $293,000, but only $286,000 fora $300,000 condo, says Maria Dominelli,an Invis mortgage broker in Victoria.

That’s because condo fees of $150 to$225 a month are factored into buyers’ability to pay their mortgage.

The upside is that some condo feescover heating and repairs, and offset otherexpenses such as house insurance.

“If you normally pay for gym mem-bership when you have a house, versus acondo with all the amenities there, thenyou’re actually saving by paying into thepot (and) having the luxury of thoseamenities,” she says.

Victoria real estate lawyer Craig Younghas never seen condo fees become a dealbreaker. But sometimes fees cited beforea project is built go a lot higher after peo-ple have purchased the units and takenover as the strata council.

For new condos, developers must filedisclosure statements that include aninterim budget of projected costs includ-ing an estimate of monthly strata fees.

“There have been cases where thecourts have found that there has been mis-representation there,” says Young. “Ifthere is a large discrepancy, developerscan be held liable for that misrepresenta-tion.”

Each complex is different,Young says.“The buyer definitely has to make them-selves aware of what exactly those feesare going to cover.”

Back to the Belvedere. Even thoughWayne Carlow’s condo fees underwritefull-time landscaping, after 30 years in ahouse, he’s got some ingrained outdoorhabits.

“I’ve taken up doing a little of the gar-dening, just to keep my fingers dirty.”

HelenChesnut

Tuesday, Thursday,

andSaturday

in the TC

Condo: Owners should be prepared for future costs

If you’re in the market for condo, you should know that condo fees are factored into the calculation to determine howlarge a mortgage a condo buyer can qualify for. Debra Brash/Times Colonist

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