MINUTES OF COUNCIL MEETING THE OWNERS, STRATA PLAN LMS2768 THE BOULEVARD CLUB

Transcription

1 MINUTES OF COUNCIL MEETING THE OWNERS, STRATA PLAN LMS2768 THE BOULEVARD CLUB HELD: In the Exercise Room, Guildford Drive, Surrey, B.C. Monday, November 26, 2007 at 7:00 p.m. PRESENT: Yvonne Wallace Strata President Gay Calestagne Vice President Joan Arnold Treasurer Pat Ingram (7:00 p.m. 8:45 p.m.) Shirley Dorsett Rene Gauthier REGRETS: Gerry Kersey AGENT: Kevin O Donnell IPM & Associates Property Management Inc. The meeting was called to order by the strata president, Yvonne Wallace, at 7:00 p.m., and a quorum was present. MINUTES It was moved and seconded to adopt the minutes of the October 29, 2007 council meeting as circulated. MOTION CARRIED BUSINESS ARISING 1. Access Law Group Update on Litigation The property manager read out an update received from Jamie Bleay of Access Law Group with respect to the ongoing litigation as follows: Here is a summary of what happened at the meeting on October 15, Lyle Bratten, who represents the developer, is going to prepare a letter outlining the steps the parties need to take to get to a point where the City of Surrey is satisfied that sufficient arrangements, including amendments to the zoning bylaws, had been made so that they can release the security in whole or in part. 2. Lyle Bratten will determine which easements can be released, and which ones need to remain in place to facilitate the development of the remaining land parcels. 3. The Strata Corporation, through our office, will ascertain the approximate cost to construct the clubhouse (in today's dollars) in order to ascertain what type of contribution to be expected from the developer to compensate for the lack of amenity space less the amount that would be paid by the developer/landowner to the City of Surrey as a penalty for not having constructed amenity space. The parties want to try to be in a position to develop a more detailed timeline for making rezoning applications to the City of Surrey, providing evidence of amenity costs and - 1 -

2 evidence of the easements that will, as part of the rezoning (or down zoning) process, need to remain in place as of November 15, 2007, at which time a teleconference call with the mediator is scheduled to take place. Jamie A. Bleay Access Law Group. The property manager gave a brief explanation of the litigation process to date to the new council members. The property manager informed council that he was still awaiting a report of the teleconference that had been scheduled for November 15, Construction Deficiencies Owners/Common Area The property manager informed council that he had received copies of all the deficiency lists that had been submitted by the owners, from the resident manager, Wayne Crisp, prior to the meeting. The property manager advised council that he would be reviewing the suites that had not yet been completed with Gary Klomps of Ajax Building Products to ensure that all outstanding deficiencies are completed. 3. Destructive Testing/Structural The property manager advised council that he had contacted Ken Schuurman with respect to the frequency of site visits in order to determine the actual cost of monitoring the parkade wall that is cracking, which is situated adjacent to the car-wash in the Pacific building. The property manager told council that there will be three monthly follow-up visits after the installation of the tell-tails, and thereafter, each visit would be spaced three months apart for the balance of the year. It was moved and seconded to approve an amount of $1, plus GST for the installation, monitoring and reporting. MOTION CARRIED 4. Landscape Rehabilitation The property manager informed council that he had spoken with the three companies that had provided quotations for the landscape rehabilitation, and had asked them to provide quotes of what they would be able to supply and install for $10,000.00, inclusive of taxes. The property manager told council that two of the contractors, Grass Kim Landscaping Co. and Blue Pine Enterprises Ltd., stated that there wouldn't be a huge difference in what was being supplied by the contractors. The property manager reminded council that the amount of $10, that had been set aside for the rehabilitation of the landscaping did not include GST. The property manager told council that, while he had been talking to three other the contractors to obtain quotes, they had advised against re-installing Taxus Baccara hedges as these hedges are not meant to grow more than 3 to 4 feet in height. If they are allowed to grow to heights of 6 to 7 feet, they become unmanageable and begin to look unattractive, and are very susceptible to collapsing under the weight of snow. They all suggested that council consider replacing them with Emerald Cedars which can be allowed to grow up to 6 to 7 feet without having any of the aforementioned problems. The property manager provided council with a revised quotation received from Blue Pine Enterprises Ltd. in the amount of $11, inclusive of GST. After considerable discussion amongst council, it was moved and seconded to table this item and a resolution be presented to the owners for the owners to vote on to have the owners approve replacing the Taxus Baccara hedges with Emerald Cedar hedges. MOTION CARRIED - 2 -

3 5. Security (i) Anti-tailgate (ii) Door alarms The property manager reported to council that he had discussed the two security items with the resident manager, Wayne Crisp, and had been informed that the resident manager had spoken with the person who was concerned about these two items, and had offered to meet with this individual to demonstrate that the security system is functioning as designed. 6. Strip & Wax Parkade Lobbies The property manager informed council that he had spoken with the owner of Janitopia Janitorial Services, and had given him the go-ahead to machine strip and wax the parkade lobby vinyl floors in both buildings at a cost of $ plus GST per building, as approved by council at the last council meeting; however, the contractor had informed him that he was withdrawing his proposal. Other options were discussed amongst council, and the property manager was asked to investigate the cost of renting or purchasing a stripping machine. The property manager agreed to follow up in this regard. 7. Pilot Assemblies MUA Units The property manager informed council that Professional Mechanical Ltd. has completed the replacement of the pilot assemblies on the make-up air units for both buildings as per their quotation which was approved at the previous council meeting. 8. Scott Schedule The property manager confirmed that Aqua-Coast Engineering Ltd. has completed and delivered the Scott Schedule to the strata corporation s lawyer, Access Law Group, as promised on October 31, CORRESPONDENCE Because of the volume of correspondence received and sent, only the more important issues have been reported in the minutes. 1. Letter from SCM Adjusters Correspondence was received from SCM Adjusters, requesting the scope of work for the repairs in suites 110 and 111 in the Pacific building. The property manager told council that, initially, no insurance claim was envisaged; however, subsequent to the repairs being completed, an insurance claim has been initiated, and the contractor has been asked to provide a detailed scope of work to the insurance adjuster. 2. Snow Removal Oasis West Land Designs A snow clearing contract was set up with Oasis West Land Design that requires the contractor to automatically respond should it begin to snow heavily and the depth of snow exceeds 3 to 4 inches. 3. Additional Bonding See Item 2 under New Business

4 4. Parking Stall Issue Correspondence was received from an owner who has an issue with one of the owners parking too close to the line of the parking stall, making it impossible for the correspondent to park their vehicle. 5. Request for Permission to Install Laminate Flooring Suite 118V A request for permission to install laminate flooring was received from the owners of suite 118 Ventura building, enclosing a sample of the underpad. Permission was granted. 6. Excessive Noise Correspondence was received from an owner, reporting that the tenants in a neighbouring suite are playing their stereo too loud, and this is impacting on the correspondent s quiet use and enjoyment. The property manager informed council that he had written to the owner of the offending suite, informing them that they are in breach of the strata corporation's bylaws, and asking them to keep their music down. A second letter of complaint with respect to the aforementioned was received by council prior to the meeting. The property manager agreed to follow up in this regard. 7. Welcome Packages Suites 310V & 313P Welcome packages were sent to the new owners of suites 310V and 313P, welcoming them to the complex, and enclosing information about the building and a copy of the strata corporation s bylaws and rules. 8. Request for Permission to Rent Suite 313 Pacific Building Correspondence was received from a new owner, requesting permission to rent. The property manager, informed council that permission had been granted as the maximum number of rentals had not been reached and there was nobody currently on the waiting list. 9. Squirrels in Cavity of Walls Correspondence was received from an owner, complaining of squirrels/rats getting into the cavity of the walls of the suite. The property manager agreed to follow up in this regard. 10. Correspondence re Breach of Bylaws Correspondence was received from an owner with respect to items hanging from the balcony ceilings of two of the council members, stating that the two members are in breach of the bylaws. The two members concerned agreed to remove these items from their balconies. Owners are invited to write to council via the management company regarding any strata matters. FINANCIAL REPORT 1. October 2007 Financial Statements The property manager reviewed the financial statements for October with council, and read out the bank report. After some discussion and there being no queries, it was moved and seconded to approve the October 2007 financials as presented. MOTION CARRIED - 4 -

5 Any owner who would like a copy of the strata corporation s financial statements should contact IPM & Associates Property Management Inc. during business hours, 9:00 a.m. to 4:30 p.m., Monday to Friday. 2. Arrears The property manager reviewed all of the outstanding amounts with council, and advised council that the arrears as at October 31, 2007, less fines, are $12, of which $8, are major arrears, the balance being $3, The property manager informed council that letters and statements have been sent to all owners who are in arrears. VanCity Bank Operating Account: Closing Balance as at October 31, 2007 $ 17, Contingency Reserve Fund $ 55, NHW Dividend from KPMG $109, Special Assessment Fund $356, Total Bank as at October 31, 2007 $540, Review Bills All bills and cheques were reviewed by the strata president, Yvonne Wallace, and the treasurer, Joan Arnold, prior to being signed. 4. Transfer of Funds The property manager informed council that an amount of $336, is the remainder portion of the rehabilitation special levy fund once all bills have been paid for the rehabilitation project. The property manager told council that a transfer memo in the amount of $336, would need to be signed by council to transfer the aforementioned amount from the strata corporation rehabilitation special levy fund in order to process refund cheques payable to each owner in accordance with their unit entitlement as required by the Strata Property Act. 5. Bill from Ajax Building Products Inc. A bill in the amount of $4, was received from Ajax Building Products Inc., requesting council to consider payment of this bill for the additional bonding costs that the contractor had to pay during the rehabilitation project. The property manager informed council that he had spoken with Burt Carver and Conrad Desrosiers with respect to this bill, and had been told that the original tender documents called for an all-inclusive price. After some discussion amongst council it was moved and seconded to deny the contractor's request. MOTION CARRIED REPORT ON UNAPPROVED EXPENDITURES There are no unapproved expenditures to report. The Strata Property Act requires that all owners be notified as soon as possible of unanticipated expenditures. REPORT ON LITIGATION The strata corporation hereby advises owners that the strata corporation is in the process of proceeding against the developer to recover all costs with respect to the rehabilitation project as well as seeking compensation from the developer for failure to complete Phase 5 (the clubhouse). The Strata Property Act requires that all owners be notified as soon as possible of any legal action that the strata corporation is part of

6 NEW BUSINESS 1. Refund to Owners Special Assessment for Rehabilitation Project The property manager informed council that he had arranged with the strata corporation's lawyer, Jamie Bleay, to draft up a letter for the strata corporation to send to the current registered owners on title within Strata Plan LMS2768 the Boulevard Club. This letter will hold the strata corporation harmless for any private arrangements made between sellers and buyers over the period of time that the rehabilitation project was being done. The property manager told council that he would calculate the refund based on the current amount remaining in the rehabilitation special levy fund, minus the $10, on a hold-back, and the $10, plus GST which is assigned for the rehabilitation of the landscaping. 2. Landscaping Quotes The property manager provided council with quotes for landscape maintenance received from three contractors as follows: (i) Ideal Yard Care Ltd. $1, per month for 12 months, for a total of $25, inclusive of taxes. (ii) Grass Kim Landscaping $1, per month for 10 months, for a total of $19, inclusive of taxes. (Current landscaper.) (iii) Fraser Strata Care Ltd. $1, per month for 9 months for a total of $18, inclusive of taxes. Tree pruning $2, (optional). After some discussion amongst council, it was moved and seconded to approve the quote received from Fraser Strata Care in the amount $18, inclusive of taxes. Tree pruning $2, (optional). MOTION CARRIED 3. Misinformation Being Circulated It has been brought to the attention of council that there is a lot of misinformation and falsehoods that are being circulated to owners within the complex. Council discussed what action needs to be taken to ensure that owners are receiving and hearing the real facts. Council all agreed that owners should be encouraged to attend council meetings as well as to speak to council members directly to understand what has transpired that is causing all the disruption within the complex. 4. Reviewed Arrears See Item 2 under Financial Report. 5. Homeowners Insurance It was brought to the attention of council that there have been two judgements made in the courts that involved strata corporations suing owners for the deductible portion of the insurance claimed for water damage caused to other suites by cracked water pipes dedicated to the owners suites, despite these pipes being contained within the walls of the strata lot. The property manager told council that one of these cases had been appealed in the Supreme Court and the judge had dismissed the appeal

7 COUNCIL STRONGLY URGES OWNERS TO REVIEW THEIR HOMEOWNER POLICY TO ENSURE THAT THEY HAVE ADEQUATE COVERAGE THAT WOULD COVER THE HOMEOWNER FOR ALL IMPROVEMENTS AND THE INSURANCE DEDUCTIBLE DUE BY THE OWNER FOR ANY WATER DAMAGE CAUSED TO NEIGHBOURING SUITES WITHIN THE BUILDING. 6. Fireplace Servicing Council member, Gay Calestagne, made a suggestion that owners should be reminded for their own safety to have their fireplaces serviced. Council asked the property manager to obtain quotations from fireplace service companies to find out if they would offer a bulk discount to the complex if sufficient owners sign up for servicing. 7. Items Hanging from Balcony Ceilings See Item 10 under Correspondence. Council suggested that the Bylaw No being quoted by the complainant needs to be clarified by the owners at the next SGM/AGM. 8. Satellite Dishes It was brought to the attention of council that there are a number of satellite dishes which do not conform with the requirements of the bylaws. The property manager was instructed to write to the owners concerned. 9. Resident Manager s Contract It was suggested that the resident manager s contract be included in the agenda for discussion at the next council meeting. Owners are advised that a copy of the resident manager s contract is on the management company s website. There being no further business, the meeting was adjourned at 9:10 p.m. The next meeting is scheduled to be held on Monday, December 17, 2007 at 7 p.m. Kevin O Donnell Property Manager IPM & Associates Property Management Inc. Tel: (604) Web: Please keep a copy of these minutes for future reference. They will be required at time of sale and a charge, as per the Strata Property Act, will be assessed for replacement copies