1888 York Avenue 408
MINUTES OF THE STRATA COUNCIL MEETING Yorkville North LMS 1350 Held: Thursday November 22nd, 2012 Location: 1888 York Avenue 408-1888 York Avenue ATTENDANCE Peter Howes - President David Kwan - Vice President Kevin Kearns - Member at Large Sveto Plavsic - Member at Large REGRETS Vicki Yen - Secretary Jessie Ostergaard - Treasurer Cody Rae, Strata Agent of AWM-Alliance Real Estate Group Ltd. AWM-Alliance Real Estate Group Ltd will be minuted as AWM. GUEST PRESENTATION A unit owner from the third floor and his legal representative were present at the meeting and discussed with Council the recent Insurance charge back to the strata lot owner in the recent water damage claim which originated from the owners suite. Evidence of the pipe was reviewed extensively which included diagrams and pictures of the pipe by Council. Council informed the owner that a decision would be made to him in writing regarding the insurance charge back. The meeting was called to order at 6:40pm PREVIOUS MINUTES It was MOVED, SECONDED and CARRIED to approve the September 5th, 2012, Council meeting minutes. FINANCIAL REPORT The financial statements for the months ending August to September were presented by AWM Alliance and reviewed with Council. AWM noted that some adjustments to the yearend financials have been made. Council MOVED, SECONDED and CARRIED to approve the August to September statements as circulated. Accounts Receivable – AWM provided a current list of the Owners’ Strata accounts. It was noted that those owners who were severely in arrears have now paid up.
AWM-Alliance on behalf of the Strata conducts collection in accordance with the bylaws each month on all outstanding accounts. All Owners please be advised that your monthly maintenance payments are due and payable on the first of each month. Non-compliance may result in Council taking the following action: 1 Month – Letter 2 Months – Letter, plus $50.00 fine. 3 Months – Lien Warning Letter, plus $100.00 fine. 4 Months – Lien registered ($450.00 plus HST charged to the Owner), plus $200.00 fine, plus an additional fine every 7 days for any continued infraction, 6 Months – Foreclosure Warning Letter, 6 Months or more – Foreclosure in accordance with the Strata Property Act. All Owners please be advised that your monthly maintenance payments are due and payable on the first of each month. Owners are encouraged to correspond with Council if they experience financial difficulties.
BUSINESS ARISING Insurance Charge Back – The Strata Council reviewed the circumstances under which the damage to the pipe resulted in the subsequent water leak was caused. While the crack in the pipe occurred at the same time the owner was performing modifications on the kitchen island in his unit, the available evidence remains inconclusive about the direct contribution of the owner's actions to the pipe damage. Due to the inconclusive evidence regarding the leak, Council MOVED and APPROVED to remove the chargeback from the owner. The funds will subsequently be used from the Contingency Reserve fund. Budget Planning – The year end financials were reviewed and it was noted that a small deficit was incurred. AWM discussed with Council that the disclosure statement reflected that the budgets should reflect separate sections. As of now the commercial and residential are considered types oppose to sections which is noted in the disclosure statement. The difference between types and sections is that separate section budgets provide separate exclusive cost, and a separate section exclusive contingency, joint cost and joint contingency. AWM then presented Council with a proposed budget for each section which reflected a small change to the fees. Bylaw Amendment – Council recently discussed with the commercial section items which should be the responsibility of the residential section. The new bylaws will reflect the sections as per the Strata Property Act and will state that specifically chimneys, balconies and items attached to the building will be the sole responsibility of the residential section as well as residential doors, windows and sky lights will be the responsibility of the residential sections. These amendments will be implemented in a ¾ resolution at the upcoming AGM. AGM Resolutions – AWM discussed with Council the resolution included in the 2011 AGM. With the authorization of $25,000, only two items in the resolution were addressed. These items included the implementation of the Hytec Water system and the repairs of unit 605. These two items were over budget by $5,385. The funds have been used from the Contingency as they were for emergency repairs for unit 605. A resolution will be put forward to authorize using the CRF for this $5,385 for documentation purposes.
Ultimately Council decided in the year to not move forward with the engineering report which was proposed at the previous AGM in 2011. Instead a resolution will be put forth to use funds from the retained earnings to move ahead with the newly legislated Depreciation Report. Regarding Water Shut off Valves, as the budget for the Special Assessment was depleted due to the repair cost of unit 605 and the implementation of the Hytec Water System, water shut off valves were not installed. AWM advised Council that Service Plus Mechanical reviewed the Mechanical plans and they have stated: If valves were to be installed, considering the age of the building pipes, this could be the cause for leaks during the multiple month of installation. The water deductible is currently at $10,000 and the risk is inherently higher with dozens of water shut offs, which could result in leaks, causing significant damage. Secondly, individual water shut offs would not have mitigated any recent water shutdowns, as anything to do with the main lines, recirculation lines or boilers etc require a whole building shut down. No water shutoff valves could currently be identified and located and due to the mechanical systems, the plumber states we would need to have up to 4 valves installed per suite x 50 units resulting in an average of 3 hours per shut off valves for installation totaling 600 hours at $90 an hour for a plumber. The resulting cost would be $54,000 for labor plus materials which could be upwards of $75,000. This does not include any drywall repairs, painting or any replacements of bathtubs tiles etc. Therefore the cost if shut off valves were installed would be estimated between $130,000 and $150,000. Council decided to put forth a resolution to not go ahead with the installation of water shut off valves and to amend the 2011 resolution to reflect this. AGM Date – Due to the budget being sectioned and the bylaw amendments and the fact that the Christmas season is upon us, resulting in low turnout, Council decided to hold the AGM mid January 2013. CONCERNS/COMPLAINTS: Owners are requested to put their non-emergency concerns in writing to AWMAlliance Real Estate Group Ltd. This will ensure that your concern is addressed at the next Council meeting and proper documentation is maintained. The Strata Property Act also requires all complaints to be in writing for the Strata Council to take action. Please note that all correspondence is confidential, as per the Strata Property Act. ADJOURNMENT There being no further business, the meeting was adjourned at 8:22 p.m. NEXT MEETING The next meeting, TBA. These minutes submitted on behalf of the Strata Council of LMS 1350 by: Cody Rae Strata Agent AWM-Alliance Real Estate Group Ltd. #401 – 958 West 8th Avenue, Vancouver, BC, V5Z 1E5 Emergency/General Inquiries: 604-685-3227 Direct: (604) 639-2190 Fax: (604) 893-1721 Email: [email protected]
24-Hour Emergency: After hours, residents are requested to contact AWM-Alliance by calling #604-6853227 for emergencies only. If there are any non-emergencies or building related problems please call during normal working hours (Monday to Friday 9 am. to 5 pm.).
Personal Insurance: Residents are reminded to obtain appropriate insurance coverage for both your contents and liability within your unit. Should a loss occur, costs incurred by the Corporation may be the responsibility of the Owner if the Owner is in breach of the Strata Corporation’s By-laws or the Strata Property Act.
AWM-Alliance on behalf of the Strata conducts collection in accordance with the bylaws each month on all outstanding accounts. All Owners please be advised that your monthly maintenance payments are due and payable on the first of each month. Non-compliance may result in Council taking the following action: 1 Month – Letter 2 Months – Letter, plus $50.00 fine. 3 Months – Lien Warning Letter, plus $100.00 fine. 4 Months – Lien registered ($450.00 plus HST charged to the Owner), plus $200.00 fine, plus an additional fine every 7 days for any continued infraction, 6 Months – Foreclosure Warning Letter, 6 Months or more – Foreclosure in accordance with the Strata Property Act. All Owners please be advised that your monthly maintenance payments are due and payable on the first of each month. Owners are encouraged to correspond with Council if they experience financial difficulties.
BUSINESS ARISING Insurance Charge Back – The Strata Council reviewed the circumstances under which the damage to the pipe resulted in the subsequent water leak was caused. While the crack in the pipe occurred at the same time the owner was performing modifications on the kitchen island in his unit, the available evidence remains inconclusive about the direct contribution of the owner's actions to the pipe damage. Due to the inconclusive evidence regarding the leak, Council MOVED and APPROVED to remove the chargeback from the owner. The funds will subsequently be used from the Contingency Reserve fund. Budget Planning – The year end financials were reviewed and it was noted that a small deficit was incurred. AWM discussed with Council that the disclosure statement reflected that the budgets should reflect separate sections. As of now the commercial and residential are considered types oppose to sections which is noted in the disclosure statement. The difference between types and sections is that separate section budgets provide separate exclusive cost, and a separate section exclusive contingency, joint cost and joint contingency. AWM then presented Council with a proposed budget for each section which reflected a small change to the fees. Bylaw Amendment – Council recently discussed with the commercial section items which should be the responsibility of the residential section. The new bylaws will reflect the sections as per the Strata Property Act and will state that specifically chimneys, balconies and items attached to the building will be the sole responsibility of the residential section as well as residential doors, windows and sky lights will be the responsibility of the residential sections. These amendments will be implemented in a ¾ resolution at the upcoming AGM. AGM Resolutions – AWM discussed with Council the resolution included in the 2011 AGM. With the authorization of $25,000, only two items in the resolution were addressed. These items included the implementation of the Hytec Water system and the repairs of unit 605. These two items were over budget by $5,385. The funds have been used from the Contingency as they were for emergency repairs for unit 605. A resolution will be put forward to authorize using the CRF for this $5,385 for documentation purposes.
Ultimately Council decided in the year to not move forward with the engineering report which was proposed at the previous AGM in 2011. Instead a resolution will be put forth to use funds from the retained earnings to move ahead with the newly legislated Depreciation Report. Regarding Water Shut off Valves, as the budget for the Special Assessment was depleted due to the repair cost of unit 605 and the implementation of the Hytec Water System, water shut off valves were not installed. AWM advised Council that Service Plus Mechanical reviewed the Mechanical plans and they have stated: If valves were to be installed, considering the age of the building pipes, this could be the cause for leaks during the multiple month of installation. The water deductible is currently at $10,000 and the risk is inherently higher with dozens of water shut offs, which could result in leaks, causing significant damage. Secondly, individual water shut offs would not have mitigated any recent water shutdowns, as anything to do with the main lines, recirculation lines or boilers etc require a whole building shut down. No water shutoff valves could currently be identified and located and due to the mechanical systems, the plumber states we would need to have up to 4 valves installed per suite x 50 units resulting in an average of 3 hours per shut off valves for installation totaling 600 hours at $90 an hour for a plumber. The resulting cost would be $54,000 for labor plus materials which could be upwards of $75,000. This does not include any drywall repairs, painting or any replacements of bathtubs tiles etc. Therefore the cost if shut off valves were installed would be estimated between $130,000 and $150,000. Council decided to put forth a resolution to not go ahead with the installation of water shut off valves and to amend the 2011 resolution to reflect this. AGM Date – Due to the budget being sectioned and the bylaw amendments and the fact that the Christmas season is upon us, resulting in low turnout, Council decided to hold the AGM mid January 2013. CONCERNS/COMPLAINTS: Owners are requested to put their non-emergency concerns in writing to AWMAlliance Real Estate Group Ltd. This will ensure that your concern is addressed at the next Council meeting and proper documentation is maintained. The Strata Property Act also requires all complaints to be in writing for the Strata Council to take action. Please note that all correspondence is confidential, as per the Strata Property Act. ADJOURNMENT There being no further business, the meeting was adjourned at 8:22 p.m. NEXT MEETING The next meeting, TBA. These minutes submitted on behalf of the Strata Council of LMS 1350 by: Cody Rae Strata Agent AWM-Alliance Real Estate Group Ltd. #401 – 958 West 8th Avenue, Vancouver, BC, V5Z 1E5 Emergency/General Inquiries: 604-685-3227 Direct: (604) 639-2190 Fax: (604) 893-1721 Email: [email protected]
24-Hour Emergency: After hours, residents are requested to contact AWM-Alliance by calling #604-6853227 for emergencies only. If there are any non-emergencies or building related problems please call during normal working hours (Monday to Friday 9 am. to 5 pm.).
Personal Insurance: Residents are reminded to obtain appropriate insurance coverage for both your contents and liability within your unit. Should a loss occur, costs incurred by the Corporation may be the responsibility of the Owner if the Owner is in breach of the Strata Corporation’s By-laws or the Strata Property Act.
