Fourteen people could be displaced from their homes by Dec. 1
Hope Lompe
Local Journalism Initiative Reporter, Gabriola Sounder
Fourteen people, including children, are allegedly at risk of losing their homes to Regional District of Nanaimo (RDN) demolition orders set to be done by Oct. 20 and Dec. 1. Delegates Kelsey Rush and Thalia Apostolopoulos, representing the owners and residents of the properties, spoke at the Oct. 9 Gabriola Local Trust Committee meeting and asked Islands Trust to intervene on the RDN decision. This was met with three motions passed by the Trustees in favour, and an outpouring of support from the community.
“People want to support housing rights. They want to support seeing solutions for housing in a housing crisis, on our island in general and for the future of our whole community, people want to see that,” said Apostolopoulos.
Rush adds the RDN alleged treatment of the residents stirred up even more support.
“Something that really struck a chord with people was it’s not that we have to bring these houses up to code, It’s how unfair and punitive the process is felt.”
This “punitive process” is something they are still trying to fully understand.
Ten houses, including four cob homes, a type of naturally built clay house, at 750 South Road, 1400 South Road and 1965 Stalker Road are at risk of demolition under RDN orders. Many of these have stood safely for over a decade, they say, and add that all were seen by a building inspector in 2019.
By Oct. 20, less than three weeks from when they received notice, one cob house must be demolished, and one of their conventionally built homes requires a completed building permit, otherwise all unpermitted homes must be demolished.
Only one approximately 1,800 Sq.FT two bedroom conventionally built home with a permit is allowed to stay standing. Building permits take six months to a year to complete they say, adding that they believe this is allegedly a tactical decision on the part of the RDN. They feel if they tried to get an injunction a court would rule in their favour, but the short timeline and considerable legal fees pose an obstacle.
“We are convinced that this awful timeline is an intentional form of pressure meant to force us into tearing down homes that we know are safe, structurally sound, and that we can bring up to code with the help of qualified engineers,” said Rush during the Oct. 9 meeting.
“We have been trying for 10 days now to arrange a meeting with the RDN to find out exactly what it is that we need to do, and they still have not responded.”
If this is not done, a total of 18 total people are at risk of losing their homes to the RDN demolition orders including five children. Of these, four people, including one senior citizen, have already made the decision to leave due to alleged RDN harassment, says Rush.
Previously the owners had an agreement with the RDN to bring the homes up to code, however this was allegedly rescinded. Homes and structures, including a wood shed, are now posted with do not occupy notices.
“They literally showed up with three cars, two staplers and a stack of Do Not Occupys. Every greenhouse, every woodshed – clearly buildings that aren’t being used for residences. It’s just a liability thing for them,” she says.
These properties are providing affordable living for people, between $300 and $600 per month. They say the only viable solution the RDN has provided for alternative housing are women’s and homeless shelters in Nanaimo. Others are taking things into their own hands.
Chris Cook built a cob home on the 1400 South Road property in 2022, and has since chosen to raise his two children there with his partner. His home is on a demolition notice for Nov. 20. They are currently in the process of moving into a tiny home.
“If we can’t have people that can afford to live in a sustainable manner and well rooted the community just kind of falls apart,” he says.
“So much of the workforce of Gabriola, the ones that keep it running are completely destitute from actually owning a home, there’s no chance. The normalization of renting and living in tiny homes is kind of sad when we live in one of the least populated, most resource rich places on the planet.”
Cook hopes that by going through the process to save these homes and get the eco village designation, they are laying the foundation for a future where more of these can be possible on the island. He hopes once it is all over, they can hold a community forum to discuss how cob homes could fit into the OCP.
“The materials are here, you can literally pull dirt off the side of the hill, add water and straw, and you’ve got a good enough mixture for cob. And so why aren’t we taking advantage of that?”
“It would be really sweet to be able to hold a community forum and information meeting about what kind of costs we could build it for, [and the] economic, environmental, social impacts,” he says.
During the Oct 9 meeting, delegates detailed why they believed they were operating in good standing with RDN with their cob and conventionally built homes, and were blindsided by the RDN.
“We had a meeting with the RDN, and we were promised a fair path forward, one that was realistic and attainable. We agreed together that we would permit one house at a time, which meant that we could bring one house up to code at a time. While that process was happening, we were told that the other buildings and residents would be left alone,” said Rush during the Oct. 9 meeting.
“This process can take around two years. We accepted that path and acted in good faith. We engaged a drafts person who’s here today, consulted with an architect, created site plans and stayed in constant contact with the RDN. The RDN has since retracted that agreement.”
The RDN was not available to comment ahead of publication.
Back in 2019, after a home inspector came to visit the property they say the file was closed, and only reopened after the RDN received an anonymous complaint. They have not been told what the complaint was about.
Under the current system, all it takes is one person complaining, says Rush. The 750 South Road property is surrounded by RDN parks, she says. No one can see or can hear anything on the property, so the only way someone could complain is because they just have a personal issue with it, she says.
Carl Boehm, the property owner of 750 South Road, 1965 Stalker Road and co-owner of the 1400 South Road, says three complaints of a similar nature should be the minimum requirement, so it is not just one person who can trigger disruption.
Throughout this process he says he has had to pay the RDN $10,000 in fines for building without a permit and occupying a building contrary to notice.
Boehm has been assigned a new building inspector to this case, who they say evidently is not taking the same approach as the previous one.
“This bylaw officer could have come to the property and acted with discretion. They have that right,” said Apostolopoulos. “There’s families, there’s ponds, there’s gardens, she came in the summertime, or the spring, when everything was like, in bloom, and she decided to go through with all this anyway.”
Should they not comply, Boehm says he believes they will be forcibly removed from the property, face larger fees and even possible jail time.
As for their efforts to get Islands Trust to intervene, they are thrilled and hopeful it will not come to this.
“So hopeful, absolutely relieved,” said Apostolopoulos.
“Working within the bureaucratic framework, it was really the best case scenario, and I think that this issue has a lot of momentum in our community now, and we have a lot of ideas on where we can take it further,” Rush adds.
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