0904 Apr01 Agm

SUNRIDGE ESTATES -ANNUAL GENERAL MEETING APRIL OlsT 2009

ANNUAL GENERAL MEETING MINUTES APRIL 01ST 2009 SUNRIDGE ESTATES - NW2671 1. Registration - Attendance 27 Owners registered and represented in person 7 Owners registered and represented by proxy 1 Owner registered and represented by proxy but ineligible due to arrears 2

CALL TO ORDER The President, called the meeting to order at 7:12 p.m. Mrs Nini Nestor and Cindy Norman from Teamwork were introduced a d owners were advised there would be a question and answer period with them under Ne business. - The rules of order were stated for conduct during the meeting The owners were advised of the procedure for amending the stated resolutio~. Any owner can suggest a motion to amend a resolution - motion seconder - di~ussion amendment will be voted on, and then the original motion (with changes if applicirble) NO SUBSTANTIVE CHANGES ALLOWED - Chair will call question following dis'e~sion

3

REPORT ON REGISTRATION The president gave the registration report stating that: Of - 68 owners 27 Attending 8 by proxy 34 were eligible to vote -Aquorum to continue was reached .. Motion to accept the registration report. Motion - Unit 320 2nd Unit 201

IN FAVOUR 34 AGAINST 0 - MOTION - CARRIED

4. Council President to Chair meetinz 5. PROOF OF NOTICE It was noted that the Notice of Meeting was mailed to all Owners on March 12th 2009 allowing for the legal notice as directed in the Strata Property Act. Motion to accept the proof of notice Motion - Unit 320 2nd Unit 426

IN FAVOUR 34 AGAINST 0

MOTION - CARRIED

6. APPROVE THE AGENDA Motion to accept the Agenda as written. Motion - Unit 101 2nd Unit 327

IN FAVOUR 34 AGAINST 0

MOTION- CARRIED

6.a COUNCIL PARTICPATION - indicated that because of the nature of the meeting and the importance of the issues, as Council Members are owners too, they have a right to speak to the issues. By permission of the chair, they can upon request, temporarily remove themselves from their position to speak to the issues as owners.

Page 1 of8

SUNRIDGE ESTATES -ANNUAL GENERAL 7. ANNUAL GENERAL MEETING MINUTES-

MEETING

APRIL 01sT 2009

Motion to accept the AGM MINUTES of Dec 12th 2007 as written and distributed. Motion - Unit 103 2nd Unit 320

IN FAVOUR 34 AGAINST 0

MOTlON- CARRIED

Motion to accept the SGM MINUTES of April 09th 2008 as written and distributed. Motion - Unit 516 2nd Unit 101

8.

IN FAVOUR 34 AGAINST 0

MOTlON- CARRIED

Presidents Report - On behalf of Council, the chair read a report on some of the significant upgrades to the complex over the past 15 months. (complete list attached). He also addressed the issue of owner's responsibilities to know their bylaws and some of the many problems faced in doing the maintenance/repair/upgrades due to owner's non-compliance with notices and resistance to change. It was recommended to the owners that the costs associated with these difficulties should be borne by the individual owner and not all members of strata and, suggested this be reflected in the bylaws when reviewed later this year. In any strata there will always be owners unhappy with the activities, the decisions of council etc and this is either a case of the promotion of ignorance, thru contempt - before investigation, - or an unwillingness on their part, to accept the realities of strata living as outlined in the Strata Act and bylaws governing all parties, their own responsibilities or the actions taken on their behalf. A 5 page letter was read from the Strata lawyer addressed to an owner outlining the confirmation of all their issues, property, procedural and legislative requirements as having been addressed. It also states that no owner can monopolize the time of council and representatives at the expense of all the other owners. The unwillingness of the owner to accept the reality of the findings, has led to the creation of a blog on the internet which contains misleading and malicious information which casts a shadow on the complex and the efforts of current/past councils in their efforts to enhance Sunridge Estates. Unfortunately, their desire to further their cause thru a flyer delivered to the door, and encouraging owners to visit their blog, has the effect of raising doubts of new owners and those not present at the meetings, in the confidence of those willing to serve their community . The President then outlined the strict limitations established for council decisions and actions, and the monitoring of same by a Property Manager. These procedures nullify, self interest, any opportunity for unilateral action by any Council members or unfair treatment to any owner. The President asked, that owners support the new 2009 council to proceed with legal advise and potential action to stop this type of unwarranted behavior. The Strata Act and bylaws afford any owner several options to address their concerns, and a responsible owner should be willing to accept the findings of professional engineers, lawyers/legal opinions and proof of compliance by the Strata in their conduct. The majority of owners in attendance were supportive of having this investigated through the Strata Lawyer.

========================================================= 9. ANNUAL REPORT

ON INSURANCE

- increase in premiums

& deductible

were discussed.

TWO MORE ELIGIBLE OWNERS SIGNED IN - TOTAL ELIGIBLE VOTERS "

36"

RESOLUTIONS

(36 ELIGIBLE

Agenda ITEM RESOLUTION

AS PROPOSED

IN THE APRIL 01

2009 AGM PKG

10 #A

BE IT RESOLVEDby a

3/4

vote of the Strata Corporation that:

Bylaw # 5 (2) be amended to read as follows: Page 2 of8

7:35 & 7:55 VOTERS).

SUNRIDGE

ESTATES

- ANNUAL GENERAL

MEETING

APRIL

01sT 2009

5. Pet Restrictions

(2) Owners cannot keep any animals, livestock, fowl, pets or exotic pets on their strata lot other than three medium sized pets, or three caged birds. Nor shall they allow any occupant of their strata lot to do so. Motion to accept the Amendment to Bylaw 5.(2)

Motion -

Unit 320 2nd Unit 201

IN FAVOUR 14 AGAINST 22 Abstained

MOTION DEFEATED

Following discussion - Motion from the floor to amend the Amendment to Bylaw 5(2) (2) Owners cannot keep any animals, livestock, fowl, pets or exotic pets on their strata lot other than three pets, or three caged birds. Nor shall they allow any occupant of their strata lot to do so.

Motion -

Unit 409 2nd Unit 201

IN FAVOUR

16 AGAINST 18

MOTION DEFEATED

AMENDMENT TO THE AMENDMENT WAS VOTED ON - MOTION DEFEATEDORIGINAL MOTION WAS THEN DEFEATED CURRENT LIMIT OF 2 PETS REMAINS. RESOLUTION

#B

BE IT RESOLVEDby a 3f4 vote of the StrataCorporationthat:

Bylaw 5. (9) be amended to read as follows: 5.(2) If any occupant of a strata lot or guest of an occupant contravenes these bylaws, Council may levy a fine of $ 100.00 for each contravention. Any fines levied and unpaid shall constitute monies owing to the Strata Corporation. Motion to accept the Amendment

to Bylaw 5.

Motion - Unit 101 2nd Unit 320 IN FAVOUR 33 AGAINST - 0 ABSTAINED - 3 MOTION RESOLUTION

CARRIED

#C

BE IT RESOLVEDby a

3/4

vote of the Strata Corporation that:

Bylaw 11. be amended by adding the following: 11. Repair and Maintenance of property by strata corporation

(2) Owners will be responsible for all damages arising from leaks from their respective hot water tanks. Motion to accept the Amendment

2nd Unit 327 IN FAVOUR 34 AGAINST-O

Motion-Unit405 RESOLUTION

to Bylaw 11 by adding subsection

(2)

ABSTAINED-2MOTIONCARRIED

#D

BE IT RESOLVED by a

3/4

vote of the Strata Corporation that:

Bylaw 43 amended by adding the following Page 3 of8

SUN RIDGE ESTATES -ANNUAL

GENERAL MEETING APRIL 01sT 2009

43. Miscellanous (10) Residents and their visitors shall restrict their use of in-line skates to the path determined by the shortest distance and safest route from their unit of departure to the exit of their choice, and likewise on their return. Skating from unit to unit or recreationally on common property is prohibited.

****************

Motion to accept the Amendment to Bylaw 43. by adding subsection (10) Motion - Unit 101 2nd Unit 205 Following discussion - Motion from the floor to amend the Amendment to Bylaw 43.(10) : Motion - Unit 219 2nd

Unit 409

(10) Residents and their visitors shall restrict their use of in-line skates to the path determined by the shortest distance and safest route from their unit of departure to the NEAREST EXIT ef their cheice, and likewise on their return. Skating from unit to unit or recreationally on common property is prohibited.

Following considerable discussion - an owner recommended that further information was needed Motion from the floor to table this item Unit 327 2nd Unit 101 - IN FAVOR 32 AGAINST 0 /4 MOTION TABLED RESOLUTION # E BE IT RESOLVED

by a

3/4

vote of the Strata Corporation that:

Bylaw 43. Miscellaneous be amended by adding: (11) Christmas lights may only be put up after the last day of November of the current year and must be taken down by January 1d" of the following year and shall not be attached in such manner as to damage the building siding or structure.

Motion to accept the amendment of Bylaw 43 by adding subsection (11) Motion - Unit 327 2nd Unit 320 Following discussion - Motion from the floor to amend Bylaw 43.(11) Motion - Unit 320 2nd Unit 402 (11) Christmas lights may only be put up after the last day of November of the current year and must be taken down by January 31ST of the following year and shall not be attached in such manner as to damage the building siding or structure. IN FAVOUR 32 AGAINST -1 ABSTAIN 3 MOTION CARRIED

RESOLUTION # F BE IT RESOLVED

by a

3/4

Bylaw 43. Miscellanous

vote of the Strata Corporation that: be amended by adding the following:

(12) An Owner shall remove all planters,pots live plants

and decorative apparatus that do not contain

Page 4 of8

SUNRIDGE ESTATES - ANNUAL GENERAL MEETING APRIL 01ST 2009

Motion to accept the Amendment to Bylaw 43.by adding subsection .Motion - Unit 101 2nd Unit 327

(12)

Following discussion:

Motion from the floor to amend the Amendment to Bylaw 43. by changing to: Motion - Unit 405 2nd Unit 320

U1l An owner shall remove all dead plants

and dispose of properly. All planters and pots that can be safely stored away, if they do not contain live plants will be removed, otherwise all grounds should be kept tidy at all times. IN FAVOUR 31 AGAINST-l

ABSTAINED-4

AMENDED MOTION CARRIED

RESOLUTION # G BE IT RESOLVEDby a

3/4

vote of the Strata Corporation that:

Bylaw 43 Miscellanousr be amended to add the following:

43. (13) An owner shall be responsible for damages to common property by their vehicles or that of their visitors, being parked outside garage doors. Motion to accept the Amendment to Bylaw 43 by adding subsection (13) Motion - Unit 320 2nd Unit 201 IN FAVOUR 32 AGAINST - 0 ABSTAINED- 2 MOTION CARRIED

RESOLUTION # H BE IT RESOLVEDby a

3/4

vote of the Strata Corporation that:

Bylaw 43. (14) be amended to add as follows:

43. (14) All Soliciting is prohibited within the limits of the Strata. Motion to accept the Amendment to Bylaw 43. By adding subsection (14) Motion - Unit 320 2nd Unit 201 IN FAVOUR 30 AGAINST 3 - ABSTAINED- 3 MOTION CARRIED

RESOLUTION # I BE IT RESOLVEDby a

3/4

vote of the Strata Corporation that:

Bylaw 43. be amended, to add as follows: (15) All hot tubs will be removed and no new ones will be allowed. Motion to accept the amendment to Bylaw 43. By adding subsection (15) Motion - Unit 320 2nd Unit 327 IN FAVOUR 29 AGAINST - 3 ABSTAINED- 4 MOTION CARRIED ONE ELIGIBLE VOTER LEFT THE MEETING

(35 ELIGIBLE VOTERS) Page 5 of8

SUNRIDGE ESTATES -ANNUAL RESOLUTION # J BE IT RESOLVED by a

3f4

GENERAL MEETING APRIL 015T 2009

vote of the Strata Corporation that:

Bylaw 44. Decoration and improvement be amended by adding: (14) All decks for units numbered 101 to 426 shall be painted in the same colour as the vinyl of the units in the 500 series. All decks for Units numbered from 502 to 524 shall be painted in the same colour as the Vinyl of the units in the 300 series. The Strata Corporation will provide the paint, and unit owners are responsible for the paint to be applied to a professional standard

Motion to accept the amendment Motion - Unit 412 2nd Unit 101 Motion from the floor to amend the amendment to read as follows: (M) All decks for units numbered 101 to 426 shall be painted in the same colour as the vinyl of the units in the 500 series. All decks for Units numbered from 502 to 524 shall be painted in the same colour as the Vinyl of the units in the 100 series. The Strata Corporation will provide the paint, and unit owners are responsible for the paint to be applied to a professional standard

Motion - Unit 516 2nd Unit 412 IN FAVOUR 29 AGAINST 2 ABST. 4

MOTION CARRIED

A further motion from the floor was made: Motion - 409 - 2nd Unit 225 Following discussion: Chair called the question on this amendment: (14) Any decks that require painting shall first be pressure washed and for units from 101 to 426 must be in the same colour as the vinyl of the units for the 500 series, 502 to 524 shall be in the same colour as the vinyl of the units in the 100 series. IN FAVOUR 1 AGAINST 30 ABSTAINED - 4 MOTION DEFEATED The amendment to the amendment was defeated. The original amendment and inclusion into the bylaws was carried. Council will purchase the paint and following a period of good weather, will provide instructions on the preparation of the decks and a time frame for completion of the painting. RESOLUTION # K

Strata plan Nw2691 to Nw2671

Be it resolved as a three quarter (3/4) vote of the Owners of Strata Plan NW2691, Sunridge Estates, that an amount not exceeding $3,000 (three thousand dollars) be expensed from the Contingency Reserve fund for the purpose of purchasing computer equipment for Council Members. Costs include hardware, software and service.

Motion to accept the removal of $3,000 from CRF for computer equipment. Motion - Unit 405 2nd Unit 327

Following discussion and at the request of the Chair:

Motion from the floor to change NW 2691 to NW2671 Motion - Unit 516 2nd Unit 219 Be it resolved as a three quarter (3/4) vote of the Owners of Strata Plan NW2671, Sunridge Estates, that an amount not exceeding $3,000 (three thousand dollars) be expensed from the Contingency Reserve Page 60f8

SUN RIDGE ESTATES -ANNUAL GENERAL MEETING APRIL 01sT 2009 fund for the purpose of purchasing computer equipment for Council Members. Costs include hardware, software and service. In FAVOUR 30 AGAINST 1 ABSTAINED 4 MOTION CARRIED The amendment and motion were carried. ===============================

Participation of Owners exceeded 50%, and Baywest will be asked to register these changes to the bylaws at Land titles. l1.ADOPTION

OF 2009 OPERATING BUDGET

Motion to accept the 2009 Operating budget as presented in the AGM package: Motion Unit 516 2nd Unit 209

IN FAVOUR 30 AGAINST 2 ABSTAIN - 3 2009 OPERATING BUDGET ACCEPTED AS WRITTEN

12. NEW BUSINESS - Mrs Nini Nestor gave a brief outline of her background and the services of Teamwork. The President then noted that from his personal knowledge of Teamwork and the dedication of the staff, that Sunridge would finally receive proper representation. It should be noted that Teamwork's contract is from May Olst, and two representatives attended to become familiar with the complex and owners, and provide the convenience of submitting owners information on their OWN time. The President indicated that with respect to litigation, they were waiting on one lawyer to return from holidays to schedule a new date. Peter Slack and Al MacLeod were elected to represent owners at the Sept 11 info meeting and both will continue to represent NW2671 when proceedings begin. The President stated that during the course of the past 16 months, 6 council members had major illnesses and one is expecting. Despite these serious limitations, the President indicated that no council member failed to respond to a call to serve the owners. He stated he felt very honoured and privileged to have worked with them over the past 16 months and then resigned. 13. ELECTION OF STRATA COUNCIL MEMBERS - The following owners were nominated to serve on the 2009 Council Val Crocker 219 Rob Johnson 103 Glen Pierce 516 Eleanor Pederson 227 Terry Matuschewski 405 Quang Yung 104 Amanda Parent 205 Voted in to represent NW2671 for 2009 11. TERMINATION OF MEETING AT 9:58 PM Outgoing Presidents note - It is truly sad, that after 16 months of dedication by the members of your Council, that the evening was not one of celebration for the advancements that were made(see list). The countless sacrifices made by my peers on council, to move this complex forward are marred by a small group of people that refuse to accept and abide by the bylaws and create havoc to satisfy their own needs . Their continuing efforts to ignore their responsibilities to the community by showing a lack of respect to the property and other owners is of major concern. I thank the owners in attendance at the meeting - that concur - enough is enough, and are prepared to provide the new council with the support and acknowledgement they need to maintain and continue to enhance Sunridge Estates. For those not willing to respect community living - they should consider leaving. I have every confidence that the new Council and Teamwork will continue the advancement, towards compliance of Legislative/Bylaw and other legal requirements, and will not be deterred despite the actions of a few. Thank you Al MacLeod Page 7 of8

SUNRIDGE ESTATES - ANNUAL GENERAL MEETING APRIL 01ST 2009

SUNRIDGE ESTATES Protccting

vourHomc

and $ Investment

$

Linguist Appraisal firm stated effective age as 7 years in Jan. 2006 SUNRIDGE OWNERS APRIL 09/08 VOTED TO KEEP IT THAT WA YI

2008 - Activities - Using CRF - Surplus funds - Operating fund -

I assessment approx 200 dollars

1. A fence was constructed down Guildford/Lansdowne with locked pedestrian gates to restrict access by nonresidents and to provide an aesthetic look to the complex. West side of front entrance environmental zone. 2. All components of the 5.5 acre lot were inventoried and put on site plans 3. 4 - Structural issues (footings) were dealt with - all signed off by engineer - no other buildings affected. 4. 2 water mains were repaired - 111 - 201 5. 34 Units had their hot water tank drainage pipes checked. Repairs to ceilings to begin shortly. 6. Pacific Building Envelope Management Co. conducted a review of all 17 buildings. All maintenance and repairs were contracted. (To be done yearly.) 4 balconies remain. Will identify any current problems resulting in lower, long term maintenance/repair costs 7. All buildings were cleaned from top to bottom removing dirt and algae from the siding. o This will prevent staining and enhance the appearance of the complex. o Owners will be responsible to maintain their own common areas. 8. 20 new Garage doors were installed after a full inspection. Priority list established for remaining 9. A garage door maintenance program is being established to reduce costs and prolong the life of existing doors. 10. An honorarium system was established for owners to participate in light labour act ivies, cleaning, painting etc. to reduce costs of hiring companies. This led to substantial savings. Kiosks/concrete retaining walls etc. 11. 13 major drainage issues on the property have been improved. 12. 11 wooden retaining walls have been replaced. 2 requiring engineering supervision. 13. All but 3 concrete retaining walls - pressured washed and painted (to be completed Spring 2009) 14. Concrete hydro boxes - power washed and painted 15. New garbage bins built and painted. 16. Most concrete staircases reinforced with flower boxes/ties tc to reduce soil erosion 17. Two foot splash guards around all buildings to protect the building envelope and reduce cleaning requirements, and protection of drainage systems. 18. Decks repaired and missing railings were installed to pre-remediation standard. 19. 200 series paving repairs was completed. 20. Project and non-project landscaping areas were cleared to allow for ongoing maintenance of areas, and planting. 21. 31 diseased birch trees removed under supervision of Arborist and City permits.

Sunridge Council will ("ontinue to maintain. and work towards improving the quality of our community. Page 8 of8

r
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Pt£A5'~

YOV 7,11Kr£ AC-170A-J

"'10 Unit# 101 103 104 106 108 109 110 111 201 203 204 205 206 207 208 209 210 211 213 215 217 219 221 223 225 227 314 316 318 320 322 324 326 327 328 329 401 402 403 404 405 406 407 408 409 410 411 412 413 415 417 419 421 423 424 426

502 504 506 508 510 512 514 516 518

520 522 524

SL# 9 10 7 5 6 1 8 2 13 14 11 29 12 30 3 33 4 34 37 38 41 42 45 46 49 50 39 40 43 44 47 48 51 53 52 54 17 15 18 16

21 31 22 32 25

45 45 34 34 34 45 34 46 45 45 34 45 34 46 36 46 36 46 47 46 45 46 47 46 46 46 36 36 35 35 35 35 36 46 36 47 46 34 47 34 47 36 46 36 47

35

36

26 36

47 36 46 46 46 46 47 47 36 36 35 35 36 36 35 35 36 35 35 36 36 35

65 66 61 62 57 58 55 56 19 20 23 24 27 28 67 68 63 64 59 60

TOTALS

U/E

2.7431

£/vSURt£.

e« "Vb

rAN

ut

'10oe: A~c-T

01/09 '10 £)IJ 7r:;-

NW2671 SUNRIDGE ESTATES PROPOSED STRATA FEES SCHEDULE 2009 New Strata Fee Fee Ine/Dee bv CRF/Reserves Operating Portion Old Strata Fee 284.49 43.60 27.34 257.15 24089 .284.49 43.60 27.34 257.15 240.89 214.95 32.94 20.66 194.29 182.01 -32:94 214.95 20.66 194.29 182.01 214.95 32.94 20.66 194.29 182.01 284.49 43.60 27.34 . 257.15 240.89 214.95 32.94 2066 19429 182.01 290.81 44.56 27.95 262.86 246.25 284.49 43.60 27.34 257.15 240.89 284.49 43.60 27.34 257.15 240.89 214.95 32.94 20.66 194.29 182.01 284.49 43.60 27.34 257.15 240.89 -194'.29-"-' . 214.95 32.94 I 20.66 182.01 --290-8-1--'262.86 44.56 27.95 246.25 22759 34.88 21.87 205.72 192.71 29081 44.56 27.95 246.25 262.86 21.87 227.59 34.88 205.72 192.71 290.81 44.56 27.95 262.86 246.25 297.14 45.54 28.56 268.58 251.6 44.56 29081 27.95 246.25 262.86 284.49 43.60 27.34 257.15 240.89 44.56 290.81 27.95 246.25 262.86 45.54 297.14 28.56 251.6 268.58 44.56 290.81 27.95 246.25 262.86 290.81 27.96 44.56 246.25 262.86 44.56 290.81 27.95 246.25 262.86 227.59 34.88 21.87 192.71 205.72 227.59 34.88 21.87 192.71 - 205.72 .-----my 221.27 33.91 200.00 187.J6 221.27 33.91 21.27 187.36 200.00 21.27 221.27 33.91 187.36 200.00 221.27 21.27 33.91 200.00 187.36 21.87 34.88 227.59 192.71 205.72 246.25 262.86 27.95 44.56 290.81 192.71 205.72 21.87 34.88 227.59 251.6 28.56 268.58 45.54 297.14 44.56 246.25 262.86 27.95 290.81 -. 182.01 19429 20.86 32.94 214.95 251.6 268.58 28.56 45.54 297.14 182.01 194.29 32.94 214.95 20.66 28.5S 251.6 2611.56 45.54 297.14 192.71 205.72 34.88 227.59 21.87 246.25 262.86 2795 44.56 290.81 20S:n-192.71 34.88 227.59 21.87 251.6 268.58 28.56 45.54 297.14 192.71 205.72 21.87 34.88 227.59 251.6 45.54 268.58 28.56 297.14 192.71 205.72 21.87 34.88 22759 262.86 27.95 246.25 44.56 29081 246.25 262.86 27.95 44.56 290.81 246.25 26286 2795 44.5tf 290.81 246.25 262.86 27.95 44.56 290.81 251.6 268.58 28.56 45.54 297.14 251.6 268.58 28.56 45.54 297.14 192.71 21.87 205.72 34.88 227.59 192.71 205.72 21.87 34.88 227.59 187.36 200.00 221.27 21.27 33.91 187.36 200.00 21.27 33.91 221.27 192.7t 205.72 21.87 34.88 227.59 192.7t 205.72 21.87 34.88 227.59 18736 200.00 21.27 33.91 221.27 18?36_ ~ __ .200.00 21.27 221.27 33.91 "-19271 205.72 21.87 227.59 ..88 _ .. - ~~ 187.36 21.27 200.00 33.91 221.27 187.36 200.00 21.27 33.91 221.27 192.71 205.72 21.87 34.88 227.59 19271 205.72 34.88 227.59 18736 200 00 2127 33.91 22127

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08 Jul 2008 12:23PM '<. *T •••.

A MURRAY LAW CORP

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604 538-8439

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-,ADRIENNE

STRATA LAW

LAW CORPORATION

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File

June 19, 2007 VIA MAIL ...- - 1215 Lansdowne Drive Coquitlam, BC V3E 2P2

Dear

_

Re: Strata PlaD NW 2671

As you know, I am the solicitor for The Owners, Strata Plan NW 2671 (the "Strata Corporation"). I have been requested to contact you with respect to your continued Corporation for information and documents.

requests to the Strata

Most recently, you attended at a Strata Council hearing held April 10, 2007 which addressed your request for correspondence for the last two years, all ernails between the Strata Council and Bayside for the last two years and copies of specific invoices dating back to 2005.

an

I am advised that previously, in response to your request for copies of Strata Corporation documents, on December 18, 2006 the Strata Corporation made over 900 copies of documents for you, which included copies of the correspondence :file. Because the correspondence contained personal information it was necessary to make copies of the documents so that the personal information. could be blacked out

I am further advised that at that time, you took only approximately five pages of correspondence. -At the hearing you again asked for correspondence fot the last two years, notwithstanding that that correspondence, other than what has been received between December 18, 2006 and April 2007 was made available to you on December 18,2006. .

'201-15225 Thrift Ave., White Rock, BC V48 2K9 • Telephone: 604-S3S-8239 Emall: [email protected]

•

Fall;

604-638-8439

,

08 Jul 2008 12:23PM

A MURRAY LAW CORP

S04 538-8439 ",--,,'

2

In addition to your requests for information, you have repeatedly written to the Strata Council demanding that the strata ColmCil take action as you require. In this regard I refer to your letter dated March 29, 2007 in which you notified the Strata Council that they must replace trees that were cut down &round your unit and that they make various repairs to your unit including repairiDg the sinking deck. restoring the common p1'ope:rty and repairing your fireplace, A similar request was submitted April 22 and May 1.2,2007. With respect to your continued request for documents, the Strata Council recognizes that section 36 of the Strata Property Act pennits an owner to obtain copies of records of the Strata Corporation. AdditionaUy, it is important to recognize that the Courts, in considering a Strata Corporation's duties, have recognized that it is necessary for the Strata Corporation to act in the best interest of all owners. A Strata Corporation may not prefer the interests of one owner or make clecisiOl'lS that favour a particular owner at the expense of others. By continuing to request copies of documents and require the strata manager to spend considerable time accumulating and preparing these documents for your review, you are incurring expenses which must be home by the entire Strata Corporation. Bayside Property Services Ltd. ("Bayside', has quoted a management fee to NW 2671 based on the amount of time necessary to carry out the obligations set out in the contract between the parties. To the extent that Baysi4e is required to devote additional time to the business of NW 2671. it is reasonable for Bayside to charge NW 2671 for their services. As a result. the time that you take up with Bayside will mult in additional costs to the Strata Corporation. When the fees charged by Bayside to NW 2671 for the year are considered, it is reasonable to consider that each owner is entitled to a certain proportion of Bayside's time. If one owner monopolizes all of the time allocated to NW 2671 that monopolization deprives other owners and the Strata Council of valuable time and assistance that Bayside can' provide. This is not in the interest of all owners. . The Strata Council does not wish to deny you access to information to which you are entitled under the Strata Prope1't)J Act. However, the Strata Council must consider its obligation to the other owners to act in the best interest of all owners. By responding to your continued demands for documents, you are costing the Strata Corporation money and depriving other owners and the Strata Council ofBayside's time. This is unfair to the other owners. It is therefore only fair that you pay the additional costs that are incurred by the Strata Corporation fur Bayside's time to respond to your inqumes. In the future the S1rata Corporation will not instruct Bayside to respond to your demands for documents and information unless you are willing to pay for the time tllat Bayside must spend gathering and reviewing documents, making copies and redacting persoDal information from correspondence, and having an employee sit with you while you review the files and documents of the Strata Corpomtion. As indicated in the minutes of the hearing, Bayside will charge this time at $6OIhour exclusive of OST. AdditlonalJy~ as provided for under the Regulation to the Strata Property A.ct, a photocopy charge of $.2S/page will apply

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A MURRAY

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604 538-8439

p.4

3 for all copies that are made for you. If you request correspondence for a period of time, you will be provided with copies of all correspondence for that time frame. The correspondence will be reviewed and personal information will be redacted. You will be required to pay both the hourly rate and the photocopy charge for each letter or email. You will be required to pay the photocopy cost whether or not you choose to take the documents away with you. Before Bayside undertakes the process of gathering and reviewing documents, you must provide a deposit to Baysidc of the estimated costs. Bayside will then provide an invoice to the Strata Corporation, which it will forward to you. Bayside will return any unused portion of your deposit. With respect to the demand for information, you should also be aware that the Strata Corporation's obligation -is to provide copies of documents as set out in section 35 of the Act. Tbe Strata Corporation is not obligated to respond to your every enquiry and to answer to you for their actions or decisions. They arc answerable to all owners. I reference for example your letter dated May 12, 2007. In that letter you question what, where and when will replacement trees be planted; an explanation as to why "resources" such as Directors and Officer insurance is not being utilized; whether the Strata Corporation asked for permission from Hydro to install siding on the Hydro kiosk, etc. Your continual requests for answers, and information relating to the operation of the Strata Corporation are disruptive and interfere with the Strata Corporation's business that the Strata Council must conduct. In the future yOU will be restricted to obtaining information in the manner provided for under the Strata Property Act. I also wish to address your demands to the Strata Council for repairs or other action. Firstly. it is important that you understand that the Strata Council and the strata manager are required, by the Strata Property Act to act in the best interests of all owners. It is unreasonable and inappropriate for you to continually demand that the Strata Council take action as you prescribe or dictate. The Strata Council's mandate includes the management and maintenance ofcommon

property.

Your demands for the repairing of your deck, re-planting of trees, restoring common property, and installing siding on the Hydro kiosk are all examples of your continued harassment of the Strata Ccuncil to suit your personal interests. In a Strata Corporation there are many interests. Unfortunately, not everything can be done in manner that satisfies all owners. In more than one case involving the activities and conduct within a Strata Corporation a Judge has indicated to owners that if they are unhappy with what is occurring in a Strata Corporation, their recourse is through the ballot box at the next Annual General Meeting. The Strata Council will continue to manage the common property in the way it feels is appropriate. That their management may noy suit you is regrettable. However, the Strata Council will no longer respond to your demands for particular work to be done to the common property. Any correspondence or emails that you send in this regard will not receive a response. You have also demanded that the Strata Corporation mange for the repair of portions of your strata lot. You have maintained that certain areas were damaged as a result of the escape of water from a broken toilet tank. As set out in the minutes from the April 10.2007 hearing, the Strata Council has been advised that the leveling of the floors was an owner's responsibility.

08 Jul 2008 12:23PM

A MURRAY LAW CORP

804 538-8439 <:»

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Additionally, the Strata Corporation has retained a structural engineer 10 examine the concerns

that you have raised. A copy of the report is attached. As you can see, the structural engineer has COllCludedthat the internal warping is not a structural problem. The problems that you are encountering are problems within a stra1a lot. Under the Strata Property Act and bylaws, an owner is responsible to repair his strata lot. The Strata Corporation is responsible to repair only those portions of a strata. lot that are prescribed in the bylaws, such as structural problems. In this case, as the problem is not structural, the Stra1a Corporation is not responsible to carry out the repair.

With respect to matters such as the inspection of fireplaces, lam advised that the Strata Council will be arranging for an inspection. YOU (

have also complained about not receiving permission 1"0 extend your deck. I am further advised that the Strata Council has informed you that no permission to alter decks will be given until all decks are repaired and new bylaws are considered by the owners SQ that future responsibility for alterations is clearly established. I appreciate that you would like the issues relating to you and your strata lot addressed. However, as iDdi~cd above, the Strata Council's duty is to all owners and its duty is not to respond to the demands of one individual. As a fUrther matter, I note that in your letter dated May 28. 2007. you complained of not being advised of a Strata Council meeting. I am taking this opportunity to remind you that you are entitled to attend a Strata Council meeting only as an observer. You are not permitted to raise issues, comment on matters under discussion, or question the Strata Council at a Strata COUDCil meeting.

In the ftJ!ure, please direct all requests to directly to Bayside Property Services Ltd., or any other strata management company that the Strata Corporation engages. The strata manager will respond to your requests for information by providing the amount of deposit that they require befon: coUectlag and preparing the documents. AD other correspondence, including your demands for the repair of common property, or criticism of the Strata COWlcil will be provided to the Strata Council for information only. No response to such letter should be expected in the futme.

If you or other owners are unhappy with the actions of the Strata Council you have various options including voting for a different Strata Council at the next AGM. Alternatively, if you are of the view that the Stra1a CoWlcil should address certain issues, the Strata ProPB11Y .Act contains a process by which owners can have input into the agenda for general meetings and by which owners can direct the actions of the Strata Council. Sections 43 and 46 olthe Strata Property Act permit owners holding 25% of the eligible votes to requisition a Special General Meeting or alternatively, require that a matter be placed on the agenda of an upcoming Annual General Meeting. Additionally. section 27 permits the owners, by means of a auUori1yvote in a general meeting. to direct or restrict the actions of a Stt&ta Cowcil. If there are matters that you wish the Strata Council to address. you should proceed by way of sections

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5 43 or 46. You may wish to propose a resolution to be included on the agenda of a general meeting which requires that by majority vote the owners direct the actions of the Strata Council. In this wa.y, it will be evident to the Strata Council that your requests are reflective of the desires and interests of other owners.

( trust that the foregoing is clear. Yours truly. Adrienne Murray Law Corporation /'.,,)

:'M'.7L Adrienne M. Murray AMMIsk Enclosure

cc: Client

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