Road block: Strata Restrictions and moving abroad?

[Olive25 3]

Thanks in advance for reading this. I’m having issues with my strata council and need some help… not sure if anyone has gone through this in the past before.

My fiancé and I are trying to finalize our paperwork and we are hesitant in submitting it because my townhouse complex has a rental restriction and it’s currently at it’s maximum. I know there are a handful of people on the waiting list and each renter has a min 1 year lease… so I’m not sure what to do. I have contacted our property management company with no response (it’s been a week). I was reading the BC Strata bylaws and it states that exceptions can be made for those in financial hardships. But upon further research, I found a few old threads that said that you practically needed a lien against your property in order to qualify… in which case, I can’t prove financial hardship. They can also grant an exception if you were to get a job and had to relocate. Unfortunately I have a lot of clients who have expressed interest in hiring me but will not offer me a position without my Visa/EAD - which is 100% understandable. So I'm in a catch 22.

I have requested documents to get on the wait list as well as an exception hearing to plead my case to the strata council… I would be really upset if they will not grant me an exception and I have to wait years until I’m up next on the waiting list. I am also in a fixed mortgage for a few more years and feel that (financially) my best option is to rent it out (cash flow positive) versus selling. I won’t get the same return.

Edited June 18, 2013 by CherryT

[EAS 45]

... cut ... Unfortunately I have a lot of clients who have expressed interest in hiring me but will not offer me a position without my Visa/EAD - which is 100% understandable. So I'm in a catch 22.

... cut ...

I am not sure why this is understandable. Why can't your client offer you a job on the condition that you obtain a valid authorization to work? If you fail to get the appropriate work authorization then the offer expires. It doesn't cost the offeror anything but the time and resources to generate the offer letter.

[CM11 5]

I am in the process of getting my Green Card via CR1 and just waiting for completion and interview. We have listed our condo in Vancouver since Feb and it's been so slow that we also looked into renting it out. We have 6 allowed in our building and currently all max. I also looked into it and saw the exemption rule, under financial hardship, via rule 144 of the BC Strata Act.

As you've probably read, the rule itself is merely a guideline, so the ultimate decision will be formed by your Strata. Rule 144(6) helps you out as well, as the Strata cannot be unreasonable in their decision. The most common cases are where the owner has to move for whatever purpose, and is forced to pay rent at that new place, while trying to maintain their current mortgage amount.

When I sent my request into my Strata, I merely estImated what my new income will be (based on job ads). I gave them these job abs to show approximate income. I also gave them some ads of rentals where we are planning to move. Finally, I provided our mortgage statement. If you can adequately show that maintaining the mortgage and new rent will take up most, if not all, of your potential income, then they should grant you the exemption.

Your situation is a little different though, as we've been trying to sell (ie. we have shown that renting it out is our ONLY option). Your strata may say that you really haven't exhausted all options and may deny your request. They won't care that you have a fixed mortgage or that renting it out is better for your cash flow (I hope that wasn't one of your points in your request). Keep in mind that rule 144 was formed to help those who have no alternatives and can't maintain 2 places. Good luck!

[Darnell 8,478]

My fiancé and I are trying to finalize our paperwork and we are hesitant in submitting it

It'll be 9 months to 13 months before you get any visa , then another 6 months to immigrate into the USA with said visa,

so

can't you put the condo on the market , for sale, after getting visa in hand?

[Olive25 3]

I am not sure why this is understandable. Why can't your client offer you a job on the condition that you obtain a valid authorization to work? If you fail to get the appropriate work authorization then the offer expires. It doesn't cost the offeror anything but the time and resources to generate the offer letter.

This is a great idea. I didn't think about a conditional offer. Thanks!

I am in the process of getting my Green Card via CR1 and just waiting for completion and interview. We have listed our condo in Vancouver since Feb and it's been so slow that we also looked into renting it out. We have 6 allowed in our building and currently all max. I also looked into it and saw the exemption rule, under financial hardship, via rule 144 of the BC Strata Act.

As you've probably read, the rule itself is merely a guideline, so the ultimate decision will be formed by your Strata. Rule 144(6) helps you out as well, as the Strata cannot be unreasonable in their decision. The most common cases are where the owner has to move for whatever purpose, and is forced to pay rent at that new place, while trying to maintain their current mortgage amount.

When I sent my request into my Strata, I merely estImated what my new income will be (based on job ads). I gave them these job abs to show approximate income. I also gave them some ads of rentals where we are planning to move. Finally, I provided our mortgage statement. If you can adequately show that maintaining the mortgage and new rent will take up most, if not all, of your potential income, then they should grant you the exemption.

Your situation is a little different though, as we've been trying to sell (ie. we have shown that renting it out is our ONLY option). Your strata may say that you really haven't exhausted all options and may deny your request. They won't care that you have a fixed mortgage or that renting it out is better for your cash flow (I hope that wasn't one of your points in your request). Keep in mind that rule 144 was formed to help those who have no alternatives and can't maintain 2 places. Good luck!

No, I didn't put that into my request. I kept it very very basic... saying that I am moving abroad and would like to request a hearing. I know each strata uses their own discretion. Because I have been a very ideal owner (no issues ever, very quiet and clean) and get along with many on my council, I may have a chance that they will see where I am coming from and grant it. Unfortunately, we have a company that all requests have to go through and she has been unresponsive. I can't afford to eat up what I will lose if I sell it now... Which I could prove that by selling it I would essentially go into debt and to carry the debt + living expenses won't be feasible.

My fiancé and I are trying to finalize our paperwork and we are hesitant in submitting it

It'll be 9 months to 13 months before you get any visa , then another 6 months to immigrate into the USA with said visa,

so

can't you put the condo on the market , for sale, after getting visa in hand?

We are going through a immigration lawyer and I'm not sure if the conditions are different than yours (I'm moving from Canada to the US), but our lawyer says that it would take up to 8 months total from when we submit our paperwork. We are going through the K1 visa and that's generally quicker than the marriage visa.

I would prefer not to sell as the market hasn't fully recovered and I would then have to carry the loss in between my move and when I can actually start work and get paid.

[Darnell 8,478]

well, maybe plan ahead on the 'dead time'

between arriving in the USA and having an EAD - that's at a minimum of 90 days,

so, really,

I suggest you rethink the plan to put it on the market right after receiving NOA-2 ..

[NikLR 13,220]

This is a great idea. I didn't think about a conditional offer. Thanks!

No, I didn't put that into my request. I kept it very very basic... saying that I am moving abroad and would like to request a hearing. I know each strata uses their own discretion. Because I have been a very ideal owner (no issues ever, very quiet and clean) and get along with many on my council, I may have a chance that they will see where I am coming from and grant it. Unfortunately, we have a company that all requests have to go through and she has been unresponsive. I can't afford to eat up what I will lose if I sell it now... Which I could prove that by selling it I would essentially go into debt and to carry the debt + living expenses won't be feasible.

We are going through a immigration lawyer and I'm not sure if the conditions are different than yours (I'm moving from Canada to the US), but our lawyer says that it would take up to 8 months total from when we submit our paperwork. We are going through the K1 visa and that's generally quicker than the marriage visa.

I would prefer not to sell as the market hasn't fully recovered and I would then have to carry the loss in between my move and when I can actually start work and get paid.

My CR1 took 8 months from filing to being moved.

It was actually faster than majority of the K1 filed at the same time period who were taking 8 months just for the petition. With K1 it depends if you get the right service center at the right time. For CR1, at the moment, it depends on the local office. A lawyer cannot tell you that your entire journey will take you 8 months total. That's ridiculous. It might take 6 or it might take 18. You can't know. But after you get the visa you have 6 months from the medical date in which to move. As a k1 you also CHOOSE your own interview date so can plan out the medical and interview date accordingly.

Just some thoughts as to how you can go about planning times on things you'll know, vs guesses or false promises by a lawyer.

[Wishing-Waiting 2]

I sold my townhouse, put my stuff in storage and moved into rental.

[Kimbear 53]

FYI if your using a lawyer you can add on 1-3 months extra wait time, since you now have a middle man to send stuff back and forth to and not just you and USCIS. And thats if they dont screw up like mine did and you get an NOID and RFE.

i was told back in 2008 it would be 6 months HA!. it took well over a year.

Good luck!

edit: you may wanna look at recent timelines. Alot of people have been complaining about wait times since April. Check out some recent threads in the forums for your visa.

Edited June 19, 2013 by Kimbear

[Udella&Wiz 325]

You indicated you're a K1 in another thread so as Darnell says above, you will not be able to work immediately....EADs are taking roughly 90 days AFTER you apply for your ADjustment of status - which is after you two get married in the US.

The poster who says sell, storage and rent is probably right on. When dealing with US immigration you have no idea what your exact timeline is - you may run into roadblocks that aren't foreseeable and that takes extra time.

Moral of the story - I would check out the guides available here, people's timelines from your same area and then you'll have a rough idea of the timeline.

Good luck