Mandarin-speaking strata council debacle sparks again
Richmond News
Graeme Wood
01 September 2016
B.C. Human
Rights Tribunal complainant Andreas Kargut with a hired security guard
at his strata’s AGM Monday. DorteKargut photo
An agreement to settle a simmering feud between a Mandarin-speaking
strata council and some of its English-speaking residents has failed.
According to one of the complainants, Andreas Kargut, a settlement that
negated the need for a B.C. Human Rights Tribunal case, concerning the
alleged racial discrimination by the council of the 54-unit Wellington
Court, has broken down.
Furthermore, Kargut’s co-complainant, Harry Gray, says he’s now seeking
redress at B.C.’s newly-established Civil Resolutions Tribunal, for
what he calls an abuse of power by a former council member.
On Monday night, residents of Wellington Court, on Heather Street, met for their annual general meeting (AGM).
Last year, the AGM was held in Mandarin, prompting the human rights
claim, which now appears to be moving ahead toward an official hearing,
following the apparent breakdown in negotiations from a pre-settlement
meeting between the two parties in July.
The six, non-Mandarin speaking complainants learned in mid-August that
the existing council had refused to settle the dispute, after claiming
Kargut breached a non-disclosure agreement for a pre-settlement hearing
by speaking to local, national and international media interested in
the case.
In turn, Kargut, who denies the allegation, also claims a member, or
members, of the council also breached the non-disclosure agreement.
attempting to end the dispute by causing financial hardship
“I believe they were looking for any excuse not to sign” the agreement,
said Kargut, who contends the council is attempting to end the dispute
by causing financial hardship.
“With them going back and forth, it’s costing us money,” said Kargut,
who claims his group has spent about $25,000 in legal fees.
In order to pay for the hearing, Kargut started a GoFundMe campaign,
which he believes is now being sabotaged with defamatory comments by
the respondents, or someone connected to them.
Kargut said he expects the council’s lawyer, who is paid via the
strata’s insurance policy, could file for a dismissal of the claim. In
turn, Kargut’s lawyer would need to argue against the dismissal. If
Kargut’s lawyer is successful, the case would then be heard by the
tribunal.
“I expect to get to a hearing. They’re trying to make it difficult on
us. . . It’s getting to the point of borderline harassment,” said
Kargut.
At this year’s AGM, security was hired to keep the peace after “things
got out of hand” last year, “when the council didn’t want to pay for an
accredited interpreter,” said Kargut.
On top of the language dispute is the matter of an alleged abuse of proxy votes.
A resolution on Monday to keep English as the language of choice at
council meetings and to hire an official interpreter was shot down,
after two members holding 25 proxy votes voted against it.
Gray said last year the council’s president used 34 proxy votes to control the AGM.
“Mr. Proxy”
“So, nobody else had a chance,” said Gray, who challenged the member on Monday, whom Kargut dubs “Mr. Proxy.”
“When they were challenged, the wife of the gentleman concerned said,
‘It’s not illegal, we’re not doing anything that’s illegal. My reply to
them was, ‘It may not be illegal, but it’s not democratic,’” said Gray.
Gray has now examined the Strata Property Act and is challenging the
2015 AGM decisions, based on the fact the president used more than 50
per cent of the strata’s votes.
The act states the B.C. Supreme Court may remedy a “significantly
unfair exercise of voting rights by a person who holds 50 per cent or
more of the votes.”
Instead of going through another expensive court process, Gray is
taking his case to the Civil Resolutions Tribunal, which was legally
established Aug. 17, to resolve strata property and small claims
disputes under $25,000.
“It’s a power trip. This man is arrogant and a bully and does not wish to back down,” said Gray.
At issue, said Kargut, is what he describes as an assault on Canada’s official languages.
The Richmond News has left a message with Wellington Court’s property manager, seeking comment from the council’s president.
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English ousted as Wellington Court language dispute escalates
CBC News
By Yvette Brend
02 September 2016
During an Aug.
29 meetings at the Wellington Court complex a new motion surprised
English speakers in the building, voting for Mandarin-only meetings
once again. (CBC)
A battle between English and Mandarin-speaking condo owners in Richmond, B.C. is heating up.
An agreement to hold strata council meetings at Wellington Court in English has been overturned.
The dispute got so heated, personal and nasty in the comment section of
the GoFundMe page set up to finance a human rights battle over the
language dispute—the page was pulled down by the site.
'Outsiders' demanded to understand strata meetings
When the complex's council decided to hold council meetings in Mandarin
only a year ago, four homeowners filed a human rights complaint.
"This has been
very hard on myself and my family," said Andreas Kargut who claims he
was personally attacked on a GoFundMe page set up to finance the human
rights complaint. (CBC)
The English speakers said they felt unwelcome and are being "racially
discriminated against" by the new council elected July 2015, which
conducted all business in Mandarin only.
Andreas Kargut, owner of one of the 54 units in the Heather Street building, said he felt like an "outsider."
Things seemed to improve, but this week took a turn again.
"This has been very hard on myself and my family," said Kargut.
Hard work to compromise, ignored
Wellington Court homeowners worked hard to come up with a compromise
since a dust-up over a Mandarin-only meeting planned last December 8,
he said.
They were told that going forward English would be spoken at meetings
and a translator would be there for the one person who spoke only
Mandarin.
Then during an annual general meeting on Aug. 29 a new motion surprised English speakers in the building, said Kargut.
The use of English was voted down.
Usually anything to do with money... No! No! No!
"Usually anything to do with money [strata members] just go No! No! No!
No!" said Kargut, but this time the vote was no for English-speaking
meetings.
"It's telling us that we wish to make sure that not everybody
understands what is going on," said Kargut who is not giving up saying
he has the right to understand the decisions made in the building where
he owns a home.
So now the case moves forward to the human rights tribunal, where
Kargut expects there will be a push to dismiss the entire case.
But if that does not happen the case will be heard by November.
CBC attempts to contact the Strata Council president met no reply.
I have a strong feeling that language
is an issue but the bigger dispute is about raising the monthly fees to
pay for maintenance and repairs.
—CondoMadness
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