There is a Vancouver woman pregnant with twins who has had to deal with a lawsuit and strata issues. Rachel Klingler’s heartbreaking tale unfolds, revealing the distressing consequences of an out-of-touch Metro Vancouver strata council.

The recent case of Klinger v. The Owners, Strata Plan VR214 has unveiled the council’s impractical and misguided expectations, illuminating the harsh reality faced by Rachel and her unborn twins.

Rachel, a co-owner of a strata lot in Vancouver, found herself in a difficult predicament. After receiving a one-year hardship exemption from the strata’s rental restriction bylaw, she rented out her unit for around a year. However, her request for a further exemption was met with denial, leading to the unit becoming vacant.

During this trying period, Rachel found herself grappling with a medical situation that demanded her undivided attention. Hospitalized and burdened with the challenges of bringing high-needs twins into the world, she faced the possibility of an extended hospital stay for both herself and her newborns.

Selling her unit while pregnant with Twins

It is utterly bewildering how the strata council expected Rachel to simultaneously navigate the arduous task of selling her unit in the midst of such a physically and emotionally demanding ordeal. The strata’s failure to consider Rachel’s personal and medical circumstances showcases a shocking lack of empathy and understanding.

Rachel’s case centred around three crucial arguments. Firstly, she challenged the enforceability of the strata’s rental restriction bylaw. Secondly, she asserted that the strata had previously granted her permission to rent out her unit upon its initial purchase in 2015, rendering the subsequent hardship exemption requirement unjust. Lastly, Rachel contended that the strata wrongfully denied her application for hardship relief.

Vancouver rental restriction bylaws

In response, the strata vehemently refuted Rachel’s claims, adamantly maintaining that their rental restriction bylaw held enforceable weight. Additionally, they argued that Rachel’s unit was rightfully removed from the rental list, as she resided there with a roommate, which they deemed not to qualify as a “rental” arrangement.

Furthermore, the strata justified their denial of Rachel’s hardship application based on the financial information she had provided. However, the tribunal member Eric Regehr pointed out flaws in the strata’s assessment, noting their overemphasis on perceived inaccuracies in Rachel’s tax filings instead of conducting a thorough evaluation of her financial situation.

Regehr underscored that the strata’s responsibility in a hardship application lies in considering the owner’s circumstances, rather than scrutinizing their tax returns. He deemed the strata’s position on Rachel’s tax filings to be unreasonable. Moreover, the strata argued that Rachel had not experienced financial hardship since she could have sold her unit at a substantial profit.

Vancouver Woman Pregnant with Twins

It emerged that the unit’s assessed value in 2023 amounted to $685,200, significantly higher than Rachel’s 2015 purchase price of $320,000. While acknowledging the inherent limitations of assessed values as a reflection of market worth, Eric Regehr accepted that the unit’s value had likely appreciated significantly. Rachel did not contest this fact.

This pivotal revelation highlighted a fundamental flaw in the strata’s handling of Rachel’s pregnancy situation. In March and April 2022, the strata essentially dismissed Rachel’s medical and personal circumstances, deeming them irrelevant on the grounds that she should have sold the unit by then.

Eric Regehr characterized this perspective as deeply unrealistic, showcasing the strata’s failure to acknowledge the immense challenges and pressures that Rachel faced throughout her pregnancy.

Despite vehemently denying any wrongdoing that would warrant aggravated or punitive damages, the strata ultimately faced the consequence of their actions. The final ruling ordered the strata to compensate Rachel Klingler a total of $19,269.31 within 90 days of the order’s issuance.

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Strata Pushes Condo Sale of VanCity Woman Pregnant with Twins