Youbou property owner Floyd Augustine has seen the value of his waterfront property reduced from $2,136,000 to $1,500,000, resulting in a $3,200 tax refund, after a successful appeal of BC Assessment’s valuation of his property in 2023.
In all, the independent Property Assessment Appeal Board has directed BC Assessment to apply a $10.5 million reduction in property assessments made in 2023 for a group of residents, including the 86-year-old Augustine, from the Cowichan Lake area.
The ruling by PAAP is the culmination of a long and arduous appeal process led by Jason Anson, a realtor who initially represented 40 homeowners in the area.
RELATED STORY: YOUBOU HOMEOWNERS TRY TO BREAK CYCLE OF OVER ASSESSMENT
While 15 homeowners achieved early success in obtaining reductions, the remaining 25 pursued their appeals to the end, with 22 receiving favorable outcomes.
The protracted battle has resulted in an average tax refund of approximately $1,800 per property owner.
Anson said the process was exclusively concentrated on residential properties and brought to light several adversities encountered by those who appealed.
“These included an initial dismissal by the Provincial Assessment Review Panel (the second level of the appeal process before PAAP) without a review of their evidence or a hearing, which is a fundamental right under legislative acts,” he said.
“Subsequent refusals by BCA to engage in discussions with the authorized appeal agent and the introduction of intimidating legal representation by Kings Counsel at the board hearings underscored the challenges faced by the homeowners. The extensive on-site evaluations conducted by BCA further alienated the homeowners, solidifying their resolve.”
RELATED STORY: YOUBOU REALTOR TAKES TO YOUTUBE TO EDUCATE ABOUT PROPERTY ASSESSMENTS
Among some of the more notable reductions in property values due to PAAP’s ruling is Shelley Robinson’s property in Honeymoon Bay, which was reduced by 52.73 per cent, from $2,234,000 to $1,056,000, a $1,178,000 decrease, leading to a $5,900 refund, and a property in the Town of Lake Cowichan that had its assessment reduced by 23 per cent, from $3,313,700 to $2,550,000, a reduction of $763,700, which yielded a tax refund of approximately $3,750.
As for the 20 property owners that were engaged in a “holding appeal” of their assessments in 2024, Anson said now that the PAAP’s decisions on the 2023 evaluations are out, the new PARP hearings on the 2024 assessments have been delayed, as per BCA’s request, so they can review their decisions and offer new valuations for 2024.
In the event that the board had not ruled on the 2023 appeals before hearing the appeals for 2024, the homeowners had planned to request that their 2024 appeals be put on hold until the previous year’s decisions are released.
“The BCA is requesting all PARP hearings be pushed off until March 7,” Anson said.
“It will be interesting to see what they come up with.”
RELATED STORY: LAKE COWICHAN REALTOR TO RELEASE NEW BOOK ON PROPERTY ASSESSMENT ISSUES
Having yet to study the nuances of each individual decision, Anson said he finds the outcome of the appeals both remarkable and puzzling.
“With 22 wins out of 25 appeals at the board level, I’m prompted to question the discrepancies in the process,” he said.
“How could the assessments be so precisely contested and corrected for the majority of properties, yet not meet the mark for three? This disparity highlights a critical area of concern in the assessment appeal process, reflecting on both the victories achieved and the challenges that remain.”
Anson said that the homeowners of the three properties who have been unsuccessful in their appeals so far are strongly considering escalating their appeals to the Supreme Court of Canada, should there be any legal errors in the board’s decisions.
A statement from BCA said it is inappropriate for the organization to comment on active appeals, and some of these properties are under appeal for 2024.