A downtown rental proprietor who was issued a utility invoice for companies he didn’t use is planning to take the District of Squamish to courtroom. At a council assembly this Tuesday, council determined 5-2 to cost the utility charges to the 18 residents who had been issued a utility invoice for the yr earlier than they purchased their unit.
Tyler Clements is one among the many 18 rental homeowners of The Primary at 37881 Cleveland Avenue who’ve obtained a $726 utility invoice. Clements is speaking to others and planning authorized motion towards the District.
“Ideally we might be going for a category motion swimsuit towards the district. At this level, we’re within the planning phases solely. I’ll know our place just a little higher after my seek the advice of with the lawyer on Monday afternoon,” he mentioned.
Tyler and Jenna Clements purchased a rental on the Primary in Spring final yr. He mentioned they did their due diligence and pulled a tax certificates from the District and even did a observe up cellphone name to substantiate there have been no excellent fee. The District tax certificates confirmed no excellent property taxes, utility payments or different money owed on the property. In September this yr, they obtained a letter from the District titled “Reminder Discover” stating they’d an impressive utility invoice of $726.
That is the primary and solely correspondence the Clements have obtained from the district on this challenge, which left them confused as to how it may be referred to as a reminder. The letter goes on to state that the District has mentioned the excellent utilities with their Legal professionals and Notaries and the latter agreed with the debt.
Clements calls this a ‘blatant lie’ as their notary have confirmed they by no means had any discussions with the District on this matter and there was no settlement on utilities.
“We have now tried a number of instances to succeed in out to the District to know the state of affairs and to attempt to work with the District to resolve the difficulty with little to no cooperation from the District,” he says. “For fairly a while the District refused to answer to emails and cellphone calls went to voicemail and weren’t returned.”
In a written assertion , District mentioned it empathizes with the homeowners of the 18 items in The Primary constructing who didn’t personal their property in 2020, and understands their frustration.
Beneath is the assertion issued by the District:
“The District has a statutory obligation to gather utility balances owing from the present strata unit homeowners no matter whether or not they had been the beneficiary of these utilities in 2020. In the end, the property has a duty to make sure utilities are paid.
Council was offered with the one legislative choices obtainable to the District, which had been to proceed with utilities assortment, or to hunt a ministerial order to not for all 96 items within the constructing (the excellent quantity would then must be absorbed by all different Squamish property homeowners).
Because the District can’t request a ministerial order to write-off solely these homeowners who didn’t personal their unit in 2020, in equity to all different property homeowners in Squamish it was Council’s determination to maneuver ahead with the gathering of the utilities billings.
Council additionally introduced ahead a movement on the December 6, 2022 assembly to deal with the difficulty of utility and taxation billing on the subsequent Decrease Mainland Native Authorities Affiliation (LMLGA) or Union of British Columbia Municipalities (UBCM) advocacy discussions in hopes that new instruments can be developed.”