Garage work disrupts memorial garden
Dear Tony: Our strata is undertaking a major renovation to our parking garage. The landscaping over the garage has been allowed to grow out of control for more than 25 years and we now have serious leaking and some problems with the structure.
We have run into a bit of a snag, though. When the landscaping company came to salvage as many shrubs and trees as possible, a group of owners intervened and advised that the area they were working on was our memorial garden. (I have lived there for 15 years and have never heard the words “memorial garden.”)
As a result, we stopped work. When we canvassed owners, we discovered that they have been placing the cremated remains of family members and pets in this secluded area for quite some time. One owner has had his lawyer write us a letter advising that we cannot disturb the area, and another owner has threatened to disrupt any work being done on the property. Yet we have no choice — we must clear this area to repair the most-damaged areas of the parking garage.
Sharon W. Your issue is similar to a problem that came to light in 2013, when a high-rise community discovered a rooftop planter had been used as a memorial garden. The disposition of human remains in B.C. is regulated under the Cremation, Interment and Funeral Services Act. We are not permitted to dispose of cremated human remains on public property, and on private property, we require the consent of the property owner.
As a strata corporation, the property owner is the strata corporation, which at the very least would require the consent of the owners at a general meeting. There is no law that prohibits the strata from removing soil and plants for construction, but there are a number of sensitive issues with respect to culture and removal of interred remains.
Perhaps a compromise could be the sensitive removal and relocation of the soil and plants, or returning them to the site once construction is complete. Ultimately, the strata corporation will have to proceed with the construction.
Several strata corporations across the province have designated landscaped areas as memorial gardens for past residents and their pets, but they have obtained their owners’ consent to the interment, either scattered or in appropriate containers, and to the location.
B.C. is home to people of many cultures and faiths. It’s important to respect their wishes and practices.
The interment of the deceased is not the same for every culture. To avoid offending any party, violating any traditions, or creating the potential for a claim against the strata corporation, your council should seek legal advice before permitting remains to be interred on common property.
Memorial sites often become pilgrimage destinations for the current generation. Before anyone inters remains on a site, consider the permanence of the location.