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Strata wants me to pay $1500 to reprogram all key fobs in the building because my key fob was stolen from my car!


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#1 Fun_Universe10

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Posted 11 September 2019 - 04:55 PM

My car was broken into last night. It was parked in our underground, secure parkade. Nothing was stolen except the key fob that opens the parkade door (it doesn't open any other doors). 

Cost to reprogram all the fobs to a different frequency (so the stolen fob cannot open the parkade door): $1500 (+ $100 for me to buy a new fob). 

Strata manager is saying that because I had the fob in my car this is my fault and I am liable for the $1500. However, there is nothing in the by-laws about not keeping fobs in cars and I was never given this information. 

I obviously don't mind paying $100 for a new fob but it seems unfair I should be on the hook for the $1500.

Can I fight this?

 



#2 Rob Randall

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Posted 11 September 2019 - 06:42 PM

I don't understand the cost. The whole point of fobs is that it's cheaper than re-keying a building if one is stolen. I have a feeling the actual cost is a lot lower and $1500 is just a revenue grab for the strata. Most stratas put huge markups on extra keys.

 

I'm skeptical there's anything in the bylaws specifying the fee for reprogramming fobs. 

 

Are you a renter or owner? that may determine how easy it will be to extract the money. Worst case I bet you could negotiate the price down.


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#3 Sparky

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Posted 11 September 2019 - 06:53 PM

First of all Fun_U welcome to VibrantVictoria.

Although we are not recognized as being a source of legal advice, I am sure you will receive some on this forum anyway.

Personally I would ask the council how the burglar gained access in the first place. Perhaps someone else could be responsible for a security breach.

Interesting topic.
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#4 Mike K.

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Posted 11 September 2019 - 06:57 PM

^that's a good point.

 

If you can't find anything specific to your case in the bylaws, you may want to consult a lawyer or a realtor familiar with your building in the event there is a general clause which relates to obligations of residents respective to security, etc. $1,500 is a lot of money, be sure you know those bylaws inside and out.

 

Chances are there is a realtor who has his/her name attached to a community board within the building. Give him/her a call and see if they can help.


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#5 RFS

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Posted 11 September 2019 - 07:00 PM

Check your condo and strata insurance there may be some coverage
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#6 Sparky

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Posted 11 September 2019 - 07:06 PM

^ Good point. Check your insurance policy too.

#7 FogPub

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Posted 12 September 2019 - 12:19 AM

If you can't find anything specific to your case in the bylaws, you may want to consult a lawyer [...]

And bang goes the $1500, only to a different recipient.


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#8 Victoria Watcher

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Posted 12 September 2019 - 02:22 AM

just say no.

then they have to get a lawyer.

why do all the other fobs need to be reprogrammed? yours is the only one missing. sounds like they did not set them up properly.

#9 Mike K.

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Posted 12 September 2019 - 04:01 AM

And bang goes the $1500, only to a different recipient.


To ask a few questions? It’ll be $100-$150. Those professionals exist for a reason, and their legal opinion is worth knowing.

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#10 Victoria Watcher

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Posted 12 September 2019 - 04:08 AM

they will only get the $1500 if you roll over and pay it. some thief breaks into your building then into your car - and somehow you are responsible? no way. send them a letter saying you are not responsible. then the ball is very squarely in their court to try to take collection action against you. and then at that point they’ll likely discover they can’t make you pay.

#11 Victoria Watcher

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Posted 12 September 2019 - 04:10 AM

To ask a few questions? It’ll be $100-$150. Those professionals exist for a reason, and their legal opinion is worth knowing.

there likely exists an online legal advice option that’s even cheaper.



Contact the Lawyer Referral Service

The B.C. Lawyer Referral Service enables members of the public to consult with a lawyer for up to 30 minutes for a fee of $25 (plus tax) on a single issue.

https://www2.gov.bc....ng-legal-advice

Edited by Victoria Watcher, 12 September 2019 - 04:12 AM.


#12 Victoria Watcher

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Posted 12 September 2019 - 04:27 AM

I’ll also repeat. the whole idea of fobs is that if one is lost or missing they just lock out that one and move on. if they have to reprogram them all they set it up wrong.

now maybe you mean it’s just a simple radio frequency transmitter. usually with 8 micro switches to change the code.

still not your fault.

Edited by Victoria Watcher, 12 September 2019 - 04:35 AM.


#13 Mike K.

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Posted 12 September 2019 - 04:49 AM

It sounds like it’s a transmitter.

Bad design on the stratas part. They should have invested into a proper system, or should be making a move towards one.
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#14 laconic

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Posted 12 September 2019 - 05:55 AM

Try asking for an audit. Others who have lost a fob may have simply paid for an 'additional' one. If the strata has to redo the fobs it should ensure that there are no other lost ones.


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#15 Rob Randall

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Posted 12 September 2019 - 06:05 AM

they will only get the $1500 if you roll over and pay it. some thief breaks into your building then into your car - and somehow you are responsible? no way. send them a letter saying you are not responsible. then the ball is very squarely in their court to try to take collection action against you. and then at that point they’ll likely discover they can’t make you pay.

 

They won't hire a collection agency, they would simply place a lien against the condo and the fee comes out when the condo is sold. But stratas don't like doing that because it costs money to set up.


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#16 Victoria Watcher

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Posted 12 September 2019 - 06:11 AM

that’s what I mean now they gotta get a lawyer and then they might find they are on shaky ground. by “collection action” i did not imply s collection agency.
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#17 Sparky

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Posted 12 September 2019 - 06:49 AM

Fun_U
Does the strata have a Property Manager or is it self governed?

#18 Rob Randall

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Posted 12 September 2019 - 07:02 AM

I'm not sure but I think it's FIRM Management.

 

I think the days of self-governed condos are over what with so many absentee owners. It's a miserable job unless you're a retired busybody masochist.


"[Randall's] aesthetic poll was more accurate than his political acumen"

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#19 laconic

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Posted 12 September 2019 - 07:22 AM

You also have access to the BC Civil Resolution Tribunal if you're the owner of the suite.

 

https://civilresolutionbc.ca/



#20 Sparky

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Posted 12 September 2019 - 07:26 AM

^ That is a valuable piece of information. Thank you for that.



 



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