The question is…..what do you do when the City of Whistler (Resort Municipality of Whistler or RMOW) and its elected officials decide to turn their heads and do nothing in a situation that absolutely requires them to clarify the intention and prevent abuse of one of their City bylaws?
The natural process is to first act surprised and bewildered. Then you try to reach out to them in the hopes of explaining the issues trying to articulate the problem and potential solution and ask them for guidance and suggestions. In our case, we tried to do this several times over 2 years always doing our best to remain professional to allow for a proper dialog. The responses were always slow, non-committal and in both cases their final decision was to do nothing in the hope the problem would go away.
We are all also business people; doctors, lawyers, executives and ceo’s of businesses so we believed that an open and two-way dialog with the City would be the best way to approach. Additionally, since we were faced with a opportunistic investor/hotel manager who threatened the City with legal action if they intervened on our behalf, we thought acting professionally might be more fruitful in achieving an amicable outcome. Oddly (and surprising to us) this investor was able to intimidate the City of Whistler with these baseless legal threats and this was seemingly more effective than a group of minority owners trying to engage the City in a professional dialog.
It’s important to note……that the City Administrator, the Mayor and the City Council will defend their lack of action as not wanting to intervene in what they will say is a dispute between an investor and a bunch of angry owners. This would be a mischaracterization of the situation and nothing more than a bureaucratic decision to do nothing with the hope that the situation will go away.
….because a Whistler Covenant is attached to all Whistler Phase 2 Real Estate, if you are looking to draw a conclusion from our experience, it would be this…..if they won’t help us, then they likely won’t help you.
Action speaks louder that words and in this case the City has shown no propensity to offer either one. When the going gets tough, the Mayor and City Council sits on the side lines.
This renders these Phase 2 investments virtually worthless (ours is down over 80%) so you should NOT considering investing in these type of properties until the Whistler City finally stands up for the rights off the Phase 2 investor.
By the way……Whistler has almost 5000 Phase 2 properties, so this covenant issue affects an enormous number of Whistler Real Estate owners (see the full list of Phase 2 properties)
This November the Mayor and the City Council is up for election and perhaps for several for re-election. Maybe it’s time for a change. Maybe people need to vote for folks who will take action to protect the rights of those who invest in the community of Whistler.