Mandarin-only condo meetings provoke human rights complaint

[jammies]

Originally Posted by jammies

I think people are not properly evaluating this guy's complain in the context of him not actually being a member of the board.

Originally Posted by Delgar

To be clear, you are of the view that an owner of property located in Canada as a strata title should not complain under the human rights act if they aren't able to participate meaningfully in management or board discussions held in a foreign language

He's not a member of the board. Therefore, he has no right to participate in the board discussions at all. End of story.

[Erick Estrada]

Originally Posted by jammies

He's not a member of the board. Therefore, he has no right to participate in the board discussions at all. End of story.

This sounds like participation to me;

When the board members reached the end of the meeting, they asked Kargut if he wished to ask any questions.

I'm surprised they would ask him that in a straight face after the meeting was held in Mandarin to which they knew he couldn't understand.

[Amethyst]

He doesn't have the right to participate. Just because they invited him, doesn't mean he has a legal right to participate.

He has a right to attend the AGM and run for the board or vote for others. Once that voting is over, then it's up to the elected board to run things for the year.

[Kjesse]

Originally Posted by jammies

He's not a member of the board. Therefore, he has no right to participate in the board discussions at all. End of story.

If you read my post, I wasn't asking you, but thanks for your legal opinion. The person I was asking said quite a bit more however so I'll wait for his response before I continue.

[GGG]

Originally Posted by Delgar

To be clear, you are of the view that an owner of property located in Canada as a strata title should not complain under the human rights act if they aren't able to participate meaningfully in management or board discussions held in a foreign language, and instead its an issue to be brought before whomever administers the condominium act? Did I get your position right? Before I say more...

A few key clarifications

-- he is not a board member therefore his access to board meeting is defined by the bylaws
-- he was accommodated by the board and given the opportunity to ask questions of the board in English
-- minutes of the meeting are provided in English after the fact so if he had questions of previous meetings he could have asked them
-- from all evidence it appears that AGMs are held in English

And I don't believe you have a right to communication in English under the HRC scope outside of with the government. I could be mistaken here but I would feel the same way if someone wanted Mandarin translation. The fact that Canada's official language is French or English should have no bearing. Unless this is defined in the strats / condo act (which it could be).

They aren't discriminating against him because he can't speak Mandarin and they are reasonably accommodating him by letting him ask questions and provided all paperwork in English.

If he were a board member I would agree translation into one of the languages should be provided during the meeting.

As for pursuing remedy it should be done through the court for real damages for violations under the condo act. Essentially a civil case in provincial court (not sure exactly the process or teminology here) but it shouldn't be done under a human rights tribunal.

[Coach]

Originally Posted by GGG

Unless the condo bylaws state meetings shall be in English then I think they are being reasonable. As long as minutes and th agenda are available in English and the board answers any questions he had in English then I don't see an issue.

This certainly isn't a human rights case. What he should do is round up the rest of the proxies in the unit and fight back.

What if he asked "Could you repeat everything you just said in one of the official languages of this country? Preferably English?"

The Condo association should be providing an interpreter during the meetings if they are going to hold them in a foreign language.

[Erick Estrada]

Originally Posted by Amethyst

He doesn't have the right to participate. Just because they invited him, doesn't mean he has a legal right to participate.

He has a right to attend the AGM and run for the board or vote for others. Once that voting is over, then it's up to the elected board to run things for the year.

This is a human rights complaint not a right to participate complaint.

[Kjesse]

Originally Posted by GGG

A few key clarifications

-- he is not a board member therefore his access to board meeting is defined by the bylaws
-- he was accommodated by the board and given the opportunity to ask questions of the board in English
-- minutes of the meeting are provided in English after the fact so if he had questions of previous meetings he could have asked them
-- from all evidence it appears that AGMs are held in English

And I don't believe you have a right to communication in English under the HRC scope outside of with the government. I could be mistaken here but I would feel the same way if someone wanted Mandarin translation. The fact that Canada's official language is French or English should have no bearing. Unless this is defined in the strats / condo act (which it could be).

They aren't discriminating against him because he can't speak Mandarin and they are reasonably accommodating him by letting him ask questions and provided all paperwork in English.

If he were a board member I would agree translation into one of the languages should be provided during the meeting.

As for pursuing remedy it should be done through the court for real damages for violations under the condo act. Essentially a civil case in provincial court (not sure exactly the process or teminology here) but it shouldn't be done under a human rights tribunal.

I have to travel now to see the family, but thanks for responding with thought. I 'll have a response soon.

pqoiheqpoie aklfjpsdohija aspodifjhapsdoi asdoijfaposdjfi

Any questions about that last sentence before I put that in the form of minutes?

[Amethyst]

Originally Posted by Erick Estrada

This is a human rights complaint not a right to participate complaint.

How so? If my friend invites me to her house and her family speaks Mandarin all night, is that a human rights complaint? If participation is not guaranteed, why does he have the right to demand their meetings be held in English?

[GGG]

Originally Posted by Delgar

I have to travel now to see the family, but thanks for responding with thought. I 'll have a response soon.

pqoiheqpoie aklfjpsdohija aspodifjhapsdoi asdoijfaposdjfi

Any questions about that last sentence before I put that in the form of minutes?

Yes I have several,

Please send me the last 12 sets of meeting minutes. I would also like to know why you chose to end the relationship with our old building manager and I would like to see signed paperwork for all proxies used at the AGM. I also want a copy of the new building manager contract and any pre existing relationships that exist between them and any board member

[GGG]

Originally Posted by MattyC

What if he asked "Could you repeat everything you just said in one of the official languages of this country? Preferably English?"

The Condo association should be providing an interpreter during the meetings if they are going to hold them in a foreign language.

Unless that requirement is defined in legislation under the strata act that board meetings must be held in the official language of the country then an exact translation is not a reasonable request.

What if the board conducted its meetings in French and he didn't speak it. Do you still feel the same way

[Schraderbrau]

Do they give out those delicious oranges wrapped in green tissue paper at the meetings? If so speak whatever language they want you to and shut it.

Those oranges are so good.

[Ozy_Flame]

Originally Posted by Schraderbrau

Do they give out those delicious oranges wrapped in green tissue paper at the meetings? If so speak whatever language they want you to and shut it.

Those oranges are so good.

They speak Mandarin, not necessarily eat Mandarin.

[Schraderbrau]

Originally Posted by Ozy_Flame

They speak Mandarin, not necessarily eat Mandarin.

Well they are missing out if they don't.

[Winsor_Pilates]

Originally Posted by jammies

I think people are not properly evaluating this guy's complain in the context of him not actually being a member of the board. If the board all speak Mandarin, and are most comfortable in it, why should they cater to someone that is there just as an observer? He has no role on the board. If he doesn't like it, he can either get voted onto the board himself or read the minutes.

This isn't correct.

He and every owner in the building are members of the board or "strata corporation".
He is not a member of the strata "council" but the council is there as representation and responsibility to the board which he is a member. It is their duty to "cater" to him and other owners as you have put it.

[Winsor_Pilates]

I'm not sure this will go far as a human rights complaint, but the council doesn't seem to be doing their required duties under BC legislation.

Council member's standard of care
31 In exercising the powers and performing the duties of the strata corporation, each council member must

(a) act honestly and in good faith with a view to the best interests of the strata corporation, and
(b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

I think they are failing to act in the best interest of the strata corporation and simply acting in the best interest of their small council.

[lazypucker]

There are white people living in Richmond????? That's the first time I've ever heard about it...

[GGG]

Originally Posted by Winsor_Pilates

I'm not sure this will go far as a human rights complaint, but the council doesn't seem to be doing their required duties under BC legislation.


I think they are failing to act in the best interest of the strata corporation and simply acting in the best interest of their small council.

The elected representatives of the board all speak Mandarin. It seems that if you want the best input and decision making from the board Mandarin as a language of discussion makes sense. Otherwise the better English speakers would dominate discussions.

They also seem to be accommodating and willing to answer questions people have of them in English. So how is this not in the best interest of the corporation.

[afc wimbledon]

Originally Posted by lazypucker

There are white people living in Richmond????? That's the first time I've ever heard about it...

They have a small ghetto called Steveston, they eat the traditional white foods there, fish and chips, and mill around the docks waiting for the boats to return.
It's quite quaint.

[#-3]

Originally Posted by CaptainCrunch

Speak American

I think it's pronounced Merican.