Tradewinds Estates tenant Gord Vogel (middle) argues with park owner William Kirsch (at left) over a fence that Kirsch is building to establish his property line in front of several units on Tucelnuit Lake.
Lyonel Doherty photo
The debate over a proposed fence on the beach at Tradewinds Estates heated up last Friday when tenants angrily confronted the owner.
William (Gus) Kirsch told the Chronicle that he was erecting a five-foot cedar fence along the lakeshore to establish his property line. The other reason is to prevent snow from blowing into the mobile home park from Tucelnuit Lake.
But once tenants saw Kirsch digging holes and being interviewed, they let their opposition be known.
Tenant Carolyn Madge told Kirsch that he was contravening the Manufactured Home Park Tenancy Act by trespassing on her property without permission. She noted he placed a yellow rope across the front of her pad and moved her fireplace and bench.
Kirsch pointed to his property line (which he had surveyed) and the various decks that tenants have built beyond this boundary. He noted that people constructed these decks without his permission, and the realtors keep telling potential buyers that they have their own private beach, which is not true, he stated.
Kirsch said there is a 15-foot setback (from the property line) that tenants must adhere to. He accused tenants of removing his fence posts that he erected last winter.
But Brian Wensley, chair of the tenants association, said Kirsch’s fence will block access to the lake and people’s views.
Under the tenancy act, you’re not allowed to change an amenity after a rental agreement is signed, Wensley noted. He also challenged the legality of Kirsch’s survey. If the fence is on the tenant’s property, he is trespassing without notice, Wensley said.
“If it’s on Crown land, they have not issued him any authority (to put the fence there).”
Madge asked Kirsch where her beach access is going to be once he erects the fence.
“Who said you have access?” Kirsch replied. “I’m creating equal access for everyone.”
Madge said she won’t be able to see the lake for the fence. But Kirsch pointed out that tenants will be able to see the lake from their decks because the fence will only be five feet in height.
Tenant Gord Vogel said the rope that Kirsch laid out was a safety hazard because people could trip over it. He accused Kirsch of harassing the tenants.
“If he comes in front of my place, I’m going to phone the RCMP and have his ass thrown in jail,” Vogel said.
Another tenant accused Kirsch of not looking after the park adequately because he is never there (he lives in the Lower Mainland).
“I pay you to shovel snow and you don’t do it,” the lady said.
Kirsch said the fence will address that issue.
But he noted the bigger problem is people are buying these units without knowing what they are buying because realtors are not disclosing the facts.
Kirsch also criticized the Town of Oliver for not enforcing its bylaws relating to tenants building sheds and decks that don’t conform to regulations. For example, one shed was built without a permit on the Town’s sewer right-of-way.
Municipal Manager Tom Szalay previously stated the shed poses no safety risk and there is no intent (or cost justification) to pursue a court order to have the shed removed.
Szalay also noted the Town is under no legal obligation to enforce any of its bylaws.
The Town has told Kirsch that he has no jurisdiction when it comes to municipal bylaws.
Kirsch told the Chronicle that his intention is not to block people’s views of the lake, but only to establish his property line.
Kirsch said he intends to keep Tradewinds as a manufactured home park. “I want to pass it on to my kids as a park.”
Lyonel Doherty
Oliver Chronicle
