Selective Bylaw Enforcement: Discrimination or Not?.
In my opinion I think that it is a form of discrimination that is an all too familiar experience that most strata owners experience. When the words in the topic title are used collectively it could very well be interpreted as discriminatory, but it also depends on a person’s view and understanding of it. For example, the word selective has several definitions, one of them is “tending to make careful choices,” and/or “applying to some but not others.” Two definitions of discrimination are an “unfair treatment of one person or group, usually because of prejudice about race, ethnicity, age, religion, or gender”. The other meaning for discriminations is an “unfounded hatred, fear, or mistrust of a person or group, especially one of a particular religion, ethnicity, nationality, sexual preference, or social status.” A meaning for the word prejudice is “the holding of preformed opinions based on insufficient knowledge, irrational feelings, or inaccurate stereotypes.” So if an owner(s) situation applies to one or more of those definitions for such a biased act then I would consider it to be accurate to say that it is discriminatory. To be singled out and become the target of such an act(s) would that also be deemed as being harassment?
Sadly this is practice promoted by my strata council, and is all too familiar to me because of recent personal experiences. I would love to make a charge against my strata council under the Human Rights Act because they definitely are “on thin ice!” Unfortunately, for me I have limited resources, mainly its due to a lack of finances, so my children and I are left with a reduced budget to live off of month after month due to this unfair practice by my strata council. I explored the possibility of pursuing this under the Human Rights Act, but I find the definition does not apply to selective bylaw enforcement, and I am left wondering even if it did, how I would prove it anyway? As it would be difficult when an owner cannot access the strata corporation’s records pertaining to bylaw enforcement against another owner(s), due to privacy issues. Even if it were possible I wouldn’t trust my strata council to be forthcoming with this information anyway! This is where a lawyer would be useful, but again they are expensive and strata councils know that most owners cannot afford the costs involved to obtain one. In my particular situation, I am fairly sure that my strata council is indeed cunning when it comes to operating in “bad faith.” They strategically contemplate among themselves to make unilateral decisions that are in their minds “doing the right thing!” For me personally, I have arrived at the conclusion that the best way to describe the results from this type of action against me is that I feel that I am being oppressed! I thought Canada was the land of the free, maybe the national anthem should be reworded to say “the land of the free, if you can afford it.”
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