Move in fee by strata, not mentioned on bylaw

[Gnomes]

I am moving into a new condo and I found out I will be charged $100 moving in fee by the strata manager. I am wondering how legal is this. I have the most updated strata bylaws and all copies of strata minutes. None of which mentions a move-in fee.

[blkgsr]

say that to them and see what they say...probably just a cash scam he's running

[ts14]

whoa, never heard of this before either. my friend moved into his apartment recently and never got charged that. i never heard of anyone getting charged that before

[Jonydakiller]

it is normal in high rises.
cost will cover booking of the elevator, security guy and damage inspection after the move is done.

[320icar]

My old move in fee was $200. It covers move in and move out, and covers a security guard to watch the door and their time to put in te elevator covers etc

[Ikkaku]

I believe there isn't a standard move-in fee. It is all determined by the strata council.

Furthermore, some charge move-in, some charge move-out, some charge both the move-in and out on the same tenant.

[Gnomes]

I am ok with paying the fee if it was mentioned in the bylaw... but it wasnt. I want to bring it to their attention more aggressively but at a later date closer to move in date.

I am treading lightly right now cuz i dont want to give them an opportunity to add it to bylaw in paper. I dont want to ruin my case if I were to argue

[fsy82]

They also might have approved it in their council meetings. which is not the by laws you can download

[Soundy]

They should still have given you the latest meeting minutes, not just AGM minutes... and I wouldn't hesitate about pressing the issue. They can't back-date minutes to include new bylaws.

[Gnomes]

All the latest executive meeting minutes I have access to. Also cant find it being mentioned. Are you sure they can't back-date minutes to include new bylaws?

[Soundy]

How would they do that? "Oh, this bylaw was actually in place last year, we just forgot to put it in the copies that went out to everyone... but we just printed this new copy that includes it!"

[Gnomes]

Email sent to strata manager. Gist of the email I quote from the Strata Property Act:

Section 110: A strata corporation must not impose user fees for the use of common property or common assets by owners, tenants or occupants, or their visitors, other than as set out in the regulations.

Regulations of the fees must be set out in the bylaws or in a rule ratified under...

section 125 (3): All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.

Wish me luck

[Lowered_Klass]

My building has a $100 move-in fee as well as a $100 move-out fee.

This is fairly common, though if you can avoid paying it, good luck.

Keep in mind (like others have said) the money covers the wear and tear of moving, booking of elevators, etc...

You have to remember, 95% of fuckwits out there mark/ding the shit out of the walls and common property, while moving in or out. Your new building probably introduced this fee, because it was tried of spending money out of the budget to fix peoples mistakes. No one wants to live in a building that looks beat to shit.

Though it sucks, at least if you get stuck paying it, you know it's going to a cause that's there to keep your home looking as good as it can.

[GGnoRE]

^ still I would not pay the fees unless the strata put it in the bylaws. Life is not a charity, I don't pay for others' damage to the building.

[Soundy]

Besides the annoyance of being hit with an extra charge you weren't prepared for despite doing your due diligence, if such a fee isn't actually enshrined in the bylaws, how do you know the manager isn't just pocketing it?

[yray]

pay me 100 and I'll get you an elevator key

[capt_slo]

Pretty standard procedure, included in the bylaws or not. People moving their own shit can often damage hallways and elevators.

[GGnoRE]

^ The security deposit takes care of potential damages. Move-in fee is different.

[Spoon]

^ security deposit's for your unit, not to the building

[Lomac]

Originally Posted by GGnoRE

^ still I would not pay the fees unless the strata put it in the bylaws. Life is not a charity, I don't pay for others' damage to the building.

What do you think some of the monthly strata fees goes toward? It's not just replacing roofs and repairing leaky pipes.

[GGnoRE]

Originally Posted by Spoon

^ security deposit's for your unit, not to the building

I meant the security deposit for the move-in (elevator use), not for the rent. If I make dings or scratches while moving in, the building can withhold the deposit.

[Lowered_Klass]

^ Sometimes there is a deposit on the elevator key itself. This is separate from everything else.

[Soundy]

A key DEPOSIT, is not the same thing as a "move-in fee".

[frandaddy]

If you moved into a new building (still within it's first year) they would usually not have bylaws on move in / out fees as you cannot pass bylaws until your 2nd AGM. Move fees can be created and passed by majority vote at a council meeting as a rule. A rule is enforceable to collect a move in fee so as long as it governs common property. The non refundable fee you pay goes towards unseen wear and tear of the building and as a form of revenue to offset your strata fees.....assuming you're an owner and not renting.

[Gnomes]

Still no update from my strata manager who was going to consult with the council members. Looks like the manager backed off when I asked "is this legal?"