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If a strata property owner, or one of their family members, requires a support pet, a strata corporation must accommodate them, according to an April 2020 decision from the BC Human Rights Tribunal.

The case began last year when a strata owner who is a parent asked permission from their strata corporation to have a support dog for their disabled 14-year old daughter. 

The strata’s bylaws did not allow dogs. The parent requested an exemption from the no‐dog bylaw.

In response, the strata presented its strata owners with two motions at an AGM, which proposed either:

  1. amending the bylaws to allow one dog, or
  2. empowering the strata council to grant exemptions to the no‐dog bylaw for medical reasons.

Both motions failed and the strata told the parent there would be no exception to the bylaw.  

The parent filed a human rights complaint, alleging the strata’s refusal to exempt the daughter from the no‐dog bylaw discriminated against the daughter based on her disabilities, in violation of the BC Human Rights Code, section 8.  

The parent asked the Human Rights Tribunal to order that their daughter is exempt from the no‐dog bylaw.

The tribunal found that the application of the strata’s pet bylaw prohibiting a dog discriminated against the daughter based on her disability, contrary to the Human Rights Code, section 37(2)(a).

The tribunal ordered the strata to stop applying the pet bylaw to the daughter, and not to commit any similar contravention in future.

This decision doesn’t overturn the ability of a strata corporation to maintain or adopt bylaws that limit or restrict the number of pets in a strata lot. However, it does mean the corporation is obligated to make an exemption if the applicant’s request is reasonable.

“In a previous decision, the BC Human Rights Tribunal established a test that is clear for strata councils, specifically a strata can’t, through its membership, contract out of the BC Human Rights Code,” said Tony Gioventu, executive director of the Condominium Home Owners’ Association of BC (CHOA).

This means that a strata corporation can’t rely on a vote of its membership to deny an accommodation.

“Compliance with the BC Human Rights Code comes first and strata councils should make every attempt to work cooperatively with applicants as they relate to access to buildings or strata lots, environmental conditions, health issues, and accommodation or intended accommodation within a strata lot,” Gioventu said.

Resources: 
Information Guide: Accessibility in Strata Developments: What Does the Human Rights Code Require? (opens 8-page pdf)
For information visit the CHOA website at www.choa.bc.ca or phone 1-877-353-2462.

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METRO VANCOUVER MARKET HIGHLIGHTS
APRIL 2020

Home-sales-and-listings-down-amid-COVID-19-new-tools-and-practices-emerge-to-help-buyers-and-sellers-adapt

While Metro Vancouver* home sale and listing activity remains limited by the COVID-19 situation, REALTORS® across the region are fast adopting new tools and practices to help advise and serve their clients in a responsible way.

The Real Estate Board of Greater Vancouver (REBGV) reports that residential home sales in the region totalled 1,109 in April 2020, a 39.4 per cent decrease from the 1,829 sales recorded in April 2019, and a 56.1 per cent decrease from the 2,524 homes sold in March 2020.

Last month’s sales were 62.7 per cent below the 10-year April sales average and was the lowest total for the month since 1982.

Predictably, the number of home sales and listings declined in April given the physical distancing measures in place. People are, however, adapting. They’re working with their Realtors to get information, advice, and to explore their options so they’re best positioned in the market during and after this pandemic. - Colette Gerber, REBGV’s president-elect

Realtors have been named an essential service by the provincial government to help the home buying and selling community meet their housing needs during the pandemic.

“We’re seeing more innovation in today’s market, with Realtors using different technology to showcase homes virtually, assess neighbourhood amenities with their clients and handle paperwork electronically,” Gerber said.

There were 2,313 detached, attached and apartment properties newly listed for sale on the Multiple Listing Service® (MLS®) in Metro Vancouver in April. This represents a 59.7 per cent decrease compared to the 5,742 homes listed in April 2019 and a 47.9 per cent decrease compared to March 2020 when 4,436 homes were listed.

The total number of homes currently listed for sale on the MLS® system in Metro Vancouver is 9,389, a 34.6 per cent decrease compared to April 2019 (14,357) and a 2.3 per cent decrease compared to March 2020 (9,606).

For all property types, the sales-to-active listings ratio for April 2020 is 11.8 per cent. By property type, the ratio is 10 per cent for detached homes, 14.7 per cent for townhomes, and 12.4 per cent for apartments.

 
 

Generally, analysts say downward pressure on home prices occurs when the ratio dips below 12 per cent for a sustained period, while home prices often experience upward pressure when it surpasses 20 per cent over several months.

The MLS® Home Price Index composite benchmark price for all residential properties in Metro Vancouver is currently $1,036,000. This represents a 2.5 per cent increase over April 2019 and a 0.2 per cent increase compared to March 2020.

“Home prices have held relatively steady in our region since the COVID-19 situation worsened in March,” Gerber said. 

Sales of detached homes in April 2020 reached 388, a 33.8 per cent decrease from the 586 detached sales recorded in April 2019. The benchmark price for detached properties is $1,462,100. This represents a 2.3 per cent increase from April 2019 and a 0.8 per cent increase compared to March 2020.

Sales of apartment homes reached 503 in April 2020, a 43.2 per cent decrease compared to the 885 sales in April 2019. The benchmark price of an apartment property is $685,500. This represents a 2.7 per cent increase from April 2019 and a 0.2 per cent decrease compared to March 2020.

Attached home sales in April 2020 totalled 218, a 39.1 per cent decrease compared to the 358 sales in April 2019. The benchmark price of an attached home is $796,800. This represents a 2.8 per cent increase from April 2019 and a 0.6 per cent increase compared to March 2020.

Email or Call Iwa if you have any questions about a particular neighbourhood.

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Reciprocity Logo The data relating to real estate on this website comes in part from the MLS® Reciprocity program of either the Greater Vancouver REALTORS® (GVR), the Fraser Valley Real Estate Board (FVREB) or the Chilliwack and District Real Estate Board (CADREB). Real estate listings held by participating real estate firms are marked with the MLS® logo and detailed information about the listing includes the name of the listing agent. This representation is based in whole or part on data generated by either the GVR, the FVREB or the CADREB which assumes no responsibility for its accuracy. The materials contained on this page may not be reproduced without the express written consent of either the GVR, the FVREB or the CADREB.