http://www.theprovince.com/life/Barking+costs+owner/2915665/story.html
Barking dog costs owner $17,000
Huge noise complaint fine underscores need for strata overseeing body, advocates say
By Darrell Bellaart, The Daily NewsApril 16, 2010
A Nanaimo couple who were fined a whopping $17,000 in strata fines because of their barking Shih-tzu/poodle cross say they want their money back.
Doug and Janet Mellin said the money was handed over to the strata council upon the sale of their Poplar Street condo.
Some people say the issue reveal a weakness in current strata legislation for settling disputes while some of the Mellin's neighbours simply feel the fines were too steep.
For their part, the Mellins say their pet simply barked like any other dog when it heard a strange noise. And besides, they aren't sure their dogs was the only culprit.
"We were, pardon my language, mad as hell," said Doug Mellin. He said Molly, their seven-year-old Shih-tzu/poodle cross is "like most dogs, if the phone rings or someone's at the door, it's the usual everyday behaviour."
The Vancouver Island Strata Owners Association and Nanaimo MLA Leonard Krog say the situation shows why both strata owners and councils need access to an independent arbitration system to settle such disputes. The strata council president did not respond when contacted for comment.
One resident at the building, who asked not to be named, said the barking of the Mellin's dog was noticeable from the elevator several doors down from the second-storey apartment condo. The Mellins insist a neighbour's dog did all the barking, while others question the appropriateness of a strata council fining a homeowner over noise complaints.
When they sold the condo in December, the lawyer submitted the $17,000 to the strata council, but under protest.
Mari Kushino, a former resident of the complex, said while dog owners have to consider other residents' peace and quiet, a $17,000 fine, is "a bit much."
The strata council threatened the Mellins with a lien on the property if they didn't pay the fine.
That suggests a poor understanding of the Strata Property Act, since the legislation allows fines for failure to pay condo fees, but not for noise violations.
"They have the landlord and tenant office for (renters). "They should have something similar for strata owners," said Harvey Williams, VISOA spokesman.
VISOA has been lobbying for changes to make it easier for both parties.
"It demonstrates clearly that the statute, the act needs to be changed to allow for a dispute resolution process that works for condo owners and for strata councils," Krog said. "It's preposterous anyone should be in a position where they've got to pay $17,000 for noise from a dog."
DBellaart@nanaimodailynews.com