Hello:

Need clarification, our strata is 5 years old, the original owners were made to sign some sort of document which allowed the developer to cut grass and do other front yard maintenance while he sold off phases of the strata, over years. He had not changed the Standard Bylaws prior to the first AGM, hense he had no authority to cut grass and do yard maintenance on owner strata lots, during sales period. All sold for past 2 yrs.

Current Problem: The origninal owners signed a document at their lawyers which had attached to it a copy of 'Schedule E' of the Developers Disclosure Statement, they feel that they and everyone must comply with this schedule. The schedule is merely a copy of a proposed landscape contract with choices of degree and level of service that owners may want to negotiate with landscape contractors when such time comes and the strata has formed.

I have told the strata council that the only enforcement which is available to them is enforcement of our strata registered bylaws in Land Titles and and Strata Property Act compliance. I have also told them that the Disclosure Statemen is a document the developer is required to register at Land Titles to outline his proposals, specs., and outline what he is selling.

They still feel they must enforce Schedule E of the Disclosure Statement because they signed a docuement at the lawyers.

Question to you: What can the strata council enforce and does anything in the Developers Disclosure Statement have any bearing on current owners?

Thank you.

Karl