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MINUTES
OF THE ANNUAL GENERAL MEETING
THE OWNERS STRATA PLAN LMS 195
CITYGATE 1
Held on Thursday, June 19, 2003
within the Townhouse Lobby, 1182 Quebec Street
Vancouver, B.C.
(printer version)
President, Ruth Wyrill, called the meeting to order at 7:05 p.m.
The attendance register was taken at the door. There were 94 Owners represented in person and by proxy. Under these circumstances, a quorum was present and the meeting was, therefore, able to proceed with the business at hand.
Ruth Wyrill noted that the format for voting would be the same as last year. Each Owner will be called to state whether they are in favour or against each motion. Motions made during the course of the meeting that require a majority vote will be decided by a show of hands and not poled.
NOTICE OF MEETING
It was moved by Rob Adams and seconded by Vincent Pigeon that the notice dated June 3, 2003 was proper notice as per the requirements of the Strata Property Act. CARRIED.
ADOPTION OF AGENDA
It was moved by Ivan Steiner seconded by Rob Adams to adopt the agenda for the evenings meeting. CARRIED.
GENERAL MEETING MINUTES
It was moved by Steven Frick and seconded by Trevor Bolitho to approve the Minutes of the Annual General Meeting held May 13, 2002 as circulated. CARRIED.
PRESIDENT'S REPORT
Ruth Wyrill advised that she included her President's report in the Notice of the Annual General Meeting. She opened the floor to answer questions. With no questions, Ruth proceeded with the meeting.
BYLAW AMENDMENTS
The floor was handed over to Allan Adams for the bylaw sections. Allan mentioned that many of these bylaws being proposed to the Owners were either brought to Council's attention for consideration through the questionnaire sent to all the Owners or by requests made from the previous Annual General Meeting.
¾ VOTE RESOLUTION #1 Bylaw 9 - Pets
BE IT RESOLVED as a ¾ Vote Resolution of the Owners of Citygate 1 LMS195, that the Strata Corporation bylaws section 9.1 to 9.7 be amended and replaced bylaws 9.1 to 9.19 and state the following:
9.1 Any pets or substitutes (hereinafter called "pets") kept in or about a unit must be registered with the corporation. Unless otherwise approved by the Council, no pets may be kept in a unit. For the purposes of this bylaw the Council reserves the right to define "pet", "domestic pet" and "animal".
9.2 A resident or visitor must ensure that all registered pets are leashed or otherwise secured when on the common property or on land that is a common asset.
9.3 A resident shall be entitled to keep a maximum of two (2) domestic pets in a strata unit, only one (1) of which may be a dog. Unless specifically approved by the Strata Council, the height of any pet will not exceed forty-six (46) centimeters (eighteen (18) inches) as measured from the shoulder to the ground when the pet is fully grown.
9.4 All dogs required to be muzzled in public by the bylaws of the City of Vancouver shall be muzzled when on the common property or on land that is a common asset.
9.5 A resident must not harbour exotic pets, including not exhaustively, snakes, reptiles, spiders, large members of the cat family, or any members of the dog family which the City of Vancouver may at any time prohibit from residence in the city.
9.6 Residents that keep a pet in a strata unit, either permanently or temporarily, shall register that pet with the Strata Council by providing to the Strata Council a written notice, signed by the resident, setting out the name, breed and colour of the pet, the strata lot number of the strata unit in which the pet is kept, the name and telephone number of the Owner of the pet and/or the resident responsible for the pet and the license number of the pet (when the pet is required to be licensed) Any resident that keeps a pet on the premises shall pay an annual fee of $25.00 per pet to the corporation for pets other than birds or fish.
9.7 All pets must have received medical treatment, shots or inoculations as required by the bylaws of the City of Vancouver.
9.8 All dogs must be licensed as required by the bylaws of the city of Vancouver.
9.9 An Owner and/or resident responsible for a dog or cat shall attach a collar to the pet with a tag identifying the Owner.
9.10 An Owner of a pet and/or a resident keeping a pet in a strata unit shall ensure that the pet is kept quiet, controlled and cleaned and shall not permit the pet to urinate, vomit, or defecate on the common property. If any pet does urinate, vomit, or defecate on the common property, the Owner and/or resident responsible for such pet shall immediately remove all of the pet's waste from the common property and dispose of it in a waste container or by some other sanitary means. If cleanup is required but not done by the person responsible for the pet, then the resident responsible for the pet shall be subject to a fine of $50.00 for each such infraction. In addition, if the incident occurs indoors, the Owner and/or resident responsible shall notify the resident manager of the incident so that any required steps can be taken to sanitize the affected area.
9.11 No visitors' pets are permitted within the building or anywhere on the common property.
9.12 No resident shall permit their pet to interfere with any other person, pet, or object, or permit their pet to disturb any other resident with uncontrolled barking, howling or other such animal noise.
9.13 Residents shall not allow pets in their control and care to damage the Corporation's property. Owners of units are liable for any damage to the Corporation assets and Common Property caused by pets residing in their unit.
9.14 No pet shall be left unattended by its Owner (s), and /or resident(s), responsible for the pet on any patio or balcony at any time.
9.15 Dogs must not be left unattended in any unit for a period exceeding twelve (12) hours.
9.16 If any resident violates any provision of this section of the bylaws or if the Strata Council on reasonable grounds considers a pet to be a nuisance or to be causing an unreasonable interference with the use and enjoyment by residents of a strata unit, common property, or common assets, the Strata Council may, by written notice to the Owner and or/ resident responsible for it, order the pet to be removed permanently from the strata unit and common property, within thirty (30) days of receipt of such notice.
9.17 A resident who contravenes bylaw 9.16 and fails to comply with the written notice from the Council will be fined $100.00 per month or portion thereof during which the offending pet continues to occupy the premises.
9.18 Notwithstanding bylaw 9.16 a resident who fails to comply with the notice provided for in bylaw 9.16 will be subject to an immediate injunction application and the Owner of the strata unit will be responsible for all expenses incurred by the strata corporation to obtain the injunction, including legal costs.
9.19 The Strata Council may, from time to time on behalf of the strata corporation, enact such rules with respect to the keeping of pets as the Strata Council, acting reasonably, deems necessary or desirable, provided that, in the event of any conflict between these bylaws and any such rule, the provisions of these bylaws will prevail.
It was moved by Fay Peraya and seconded by Karen Schneider and the floor was open for discussion.
The quorum changed to 101 before a vote was taken.
There was an open discussion of approximately 15 minutes by Owners giving their views on the positive and negative Effects of allowing pets into the building. The floor was closed for discussion and a vote taken. There were 41 in favour, 59 against, 1 abstention. The ¾ vote resolution was DEFEATED.
Before moving onto resolution #2, Allan explained the difference between resolution #2 and #3. Resolution #2, if approved, would mean the Owner of the Strata Lot would be responsible for the cost of replacement for the window seals and Resolution #3 means the Strata Corporation would be responsible for the cost of window seal replacement. If resolution #2 fails then the Owners will be asked to vote on Resolution #3 which states the Strata Corporation would be responsible for paying for the window seals and further vote on Resolution #4 to collect the money by special levy to pay for this project since it is not included in the current operating budget.
¾ VOTE RESOLUTION #2 - Bylaw 10 - Damage to Property
BE IT RESOLVED as a ¾ Vote Resolution of the Owners of Citygate 1 LMS195, that the Strata Corporation bylaws be updated and amended with the addition to bylaw 10(2) to state the following:
Option #1
10.2A (a) The Strata Corporation is not responsible to repair or maintain window opener handles, opening window hinges, broken glass, window seals, patio door sliders, the inside of suite entry doors, for the adjustment of opening windows and suite entry doors, including sliding patio doors, for the cost of material and labour for replacing windows that can be replaced without the aid of a stage hung from outside the building, and for the cost of repairs to building common areas or neighbouring units due to negligence in the repair of any of the above. The Strata Corporation is not responsible for the repair of damage resulting from careless or harsh use by occupiers. All such repair and maintenance is the responsibility of the applicable Owners. If an Owner fails to replace a broken window seal, the Strata Corporation may hire a contractor for this work and charge back the Owner for any costs incurred. The Strata Corporation shall be entitled to enter each unit once each calendar year fro the purpose of inspecting the window seals.
*** If Resolution 2 passes, ¾ vote Resolutions #3 & #4 will not be voted on
It was moved by Vincent Pigeon, seconded by Michael Glanville and the floor was open for discussion.
An Owner questioned the cost so far as to the window replacement. It was noted that under the Condominium Act, Owners were responsible for doors and windows and therefore the number of window replacements is unavailable. It appears that approximately 20 to 25 window replacements occurred over the past fiscal year since the bylaw failed at the last Annual General Meeting. An Owner questioned how Council would know if the window would be uniform with the existing windows. It was explained that there is a bylaw in place that an Owner cannot alter the exterior appearance of the property and that any changes must be put in writing to the Strata Council prior to the work being performed. It is in the Owners best interest to have the window replaced properly as it would be required of them as per the bylaws and the Owner would be looking at an additional expense of not replaced in accordance with the bylaws. It was mentioned that many of the windows are custom ordered for size and require the "Citygate" tint.
Ruth closed the floor for discussion and a vote was taken. There were 92 in favour, 9 against, 0 abstentions. This resolution PASSED.
¾ VOTE RESOLUTION #3 Bylaw 10 - Damage to Property (alternate)
BE IT RESOLVED as a ¾ Vote Resolution of the Owners of Citygate 1 LMS195, that the Strata Corporation bylaws be updated and amended with the addition to bylaw 10(2) to state the following:
Option #2
10.2A (a) The Strata Corporation is not responsible to repair or maintain window opener handles, opening window hinges, broken glass, patio door sliders, the inside of suite entry doors, for the adjustment of opening windows and suite entry doors, including sliding patio doors, for the cost of material and labour for replacing windows that can be replaced without the aid of a stage hung from outside the building, for the cost of repairs to building common areas or neighbouring units due to negligence in the repair of any of the above. The Strata Corporation is not responsible for the repair of damage resulting from careless or harsh use by occupiers. All such repair and maintenance is the responsibility of the applicable Owners.
This resolution was not discussed as ¾ vote resolution #2 passed.
¾ VOTE RESOLUTION #4 - Special Assessment for Window Replacement
BE IT RESOLVED as a ¾ Vote Resolution of the Owners Citygate 1, Strata Plan LMS 195, that the Strata Council be authorized to spend a sum not to exceed one hundred thousand dollars ($100,000.00), raised by a Special Assessment, to begin window replacement at Citygate 1 LMS195 when Owners report it is needed.
Such expenditure is to be charged upon the Owners as a special levy in proportion to the unit entitlement of their respective strata lots. The special levy shall be considered as part of the common expenses of the Strata Corporation. The special levy shall be assessed on June 25, 2003 and become due and payable in full immediately on passing of the resolution and any Owner, who sells, conveys or transfers his/her title, including a re-mortgage, shall pay the full amount outstanding. Any payment not received by July 1, 2003 shall be assessed a fine of fifty dollars ($50.00) plus interest for each complete month outstanding.
This resolution was not discussed as resolution #2 passed. No special levy will apply.
The quorum changed to 103.
¾ VOTE RESOLUTION #5 Bylaw 7 - Exterior Appearance and Alterations
BE IT RESOLVED as a ¾ Vote Resolution of the Owners of Citygate 1 LMS195, that the Strata Corporation bylaws be updated and amended with bylaw 7.9 to state the following:
7.9 All floor areas (excluding kitchen, bathroom and powder room floors) shall be covered with carpeting and underlay for noise abatement. All existing hardwood floors and any written approvals for hardwood floors prior to May 27, 2003 shall be honoured.
It was moved by Rob Adams, seconded by Ivan Steiner and the floor was open for discussion.
An Owner asked whether there could be a restriction to the front foyer as this area is noisy as well. It was moved by Vincent Pigeon, seconded by Ivan Steiner and by a vote was taken by a show of hands. All were in favour except for 1 against and 2 abstentions that the bylaw would be amended to read as follows:
7.9 All floor areas (excluding kitchen, bathroom, foyer, and powder room floors) shall be covered with carpeting and underlay for noise abatement. All existing hardwood floors and any written approvals for hardwood floors prior to May 27, 2003 shall be honoured.
Another Owner mentioned it should read hard flooring as tiles should be included in this bylaw. It was moved by Vincent Pigeon, seconded by Trevor Bolitho that the bylaw be amended as follows:
7.9 All floor areas (excluding kitchen, bathroom, foyer, and powder room floors) shall be covered with carpeting and underlay for noise abatement. All existing hard flooring and any written approvals for hard flooring prior to May 27, 2003 shall be honoured.
A vote was taken and it unanimously passed.
An Owner mentioned that restricting the installation of hardwood floors could decrease the sale value of the property. An Owner mentioned that they lived in a 3 storey frame building and by allowing hardwood floors it created a lot of noise from above and below. An Owner mentioned that using 6 mm cork is the best sound proofing available and that even though it is more expensive, it would be better to allow the installation and pay a little more in order to be able to have hardwood floors rather than to restrict them altogether. It was noted that no hardwood floor underlay would have total sound proofing but the 6 mm cork would be the best available sound proofing. It was discussed that all wood flooring installations be monitored closely to assure the proper underlay is installed.
There were several comments made for and against this bylaw and Ruth called for a vote on the bylaw to read as follows.
7.9 All floor areas (excluding kitchen, bathroom, foyer and powder room floors) shall be covered with carpeting and underlay for noise abatement. All existing hard flooring and any written approvals for hard flooring prior to May 27, 2003 shall be honoured.
There were 39 in favour, 61 against and 3 abstentions. The motion was DEFEATED.
¾ VOTE RESOLUTION 6 - Hiring an Interior Decorator for the Common Areas
BE IT RESOLVED as a ¾ Vote Resolution of the Owners Citygate 1, Strata Plan LMS 195, that the Strata Council be authorized to spend up to eight thousand dollars ($8,000.00), from the Contingency Reserve Fund, to hire an interior decorator to provide updating ideas for the lobby of 1188 and 1182 Quebec Street lobby as well as the common area hallways for 1188 Quebec Street.
It was moved by Vincent Pigeon, seconded by Rob Adams and the floor was open for discussion.
Donna Moroz opened the discussion by stating that several companies were contacted to provide estimates for providing ideas for the common area lobbies and hallways and that since the building is aging it is something that Owners need to look at since the lobby is the first impression visitors and prospective buyers see. It was mentioned that Council cannot take on this task and need an unbiased opinion to help with this process. It was noted that nothing would proceed until it goes back to the Owners for approval because money would be needed to fund this project. An Owner asked why we don't just get quotes from contractors rather than spending the money for a designer. Another Owner responded Council may not have the time or expertise in that field. An Owner asked whether the ideas of the interior designer would be the property of the Strata Corporation or not and Donna replied that whoever the Strata Council contracts with should request this as part of the contract. An Owner mentioned that it should not be taken from the contingency reserve fund and should be a special levy. It was noted that Council did consider this option but because of the amount, it was decided to propose it from the contingency reserve fund.
Ruth closed the floor for discussion and a vote was taken. There were 73 in favour, 30 against, 0 abstentions. The resolution failed. 77 votes in favour were needed to pass.
An Owner mentioned that since the vote was close, is it possible for Council to manage this expense in the existing operating budget. This is an item that Council could consider; however, it will need to wait until later on in the fiscal year to determine whether there will be money to fund it.
PROPOSED OPERATING BUDGET
Ruth passed the floor over to Jason Rolfe and he introduced the 2003/2004 operating budget. He pointed out that insurance was very difficult to obtain this year and most of the surplus shown in the 2002/2003 budget was due to the insurance premium not being paid in full, there was an extension given as insurance could not be placed. Therefore, only one month of insurance coverage shows and was paid in the 2002/2003 budget. The energy savings project is complete and we are hoping to save money in this category. The amount budgeted this year was based on the numbers given by Quantum and Coral, the companies who installed the energy savings equipment. For these reasons, we have a surplus at the fiscal year end of 2002/2003; however the budgeted expenses have increased by just under 8%. With this surplus Council was able to propose no increase in maintenance fees for 2003/2004.
The floor was open for discussion. An Owner questioned the replacement of the pipes in the building. Jason responded that the plumbing contractor met with Council during the year and advised that it is not necessary at this time. This is a company who does pipe replacement as well. The Property Manager advised that when a pipe leak occurs, the plumber inspects the pipe and a larger section is replaced if it is reported that the pipe is in poor condition. This does not mean the building is being repiped slowly. The Property Manager noted that most likely the new pipes would not be used with a full pipe replacement project. It was asked whether there is enough money in the budget to cover pipe breaks. Jason responded that the plumbing account has been doubled from last year's budget. An Owner asked whether an increase in maintenance fees should be done each year to help pay for plumbing costs. It was explained that a 5% increase in maintenance fees would not cover a pipe replacement project. This would most likely be either financed, by special levy, partly paid from the contingency reserve fund and/or a combination of both. When increasing maintenance fees, it usually applies to the general operations of the building and therefore, these funds are unable to be applied to a capital project. It was noted pipe replacement is a large capital project and costs would be a minimum of $3,000.00 per unit. A contractor would need to look at the building plans in order to provide a proper estimate. This project would also be based on unit entitlement. The discussion period ended by a comment asking the new Council to investigate the costs.
A vote was taken by a show of hands. The budget passed UNANIMOUSLY.
GENERAL DISCUSSION
The floor was open for general discussion.
Pool Floor: An Owner mentioned that the pool floor is extremely slippery and could be a potential hazard. The new Council will look into whether there are options available to make it less slippery.
Security Upgrade: An Owner mentioned that she did not like the security system allowing access to specific floors only by Residents rather than allowing access to all floors to the Residents of the building. There were several comments made in favour of floor restriction as it adds additional security for the Residents. It was noted that if there is a specific floor that you require access to on a regular basis, you may make a request for access to the on site manager. Fay Peraya of Council and the Security Committee noted that several meetings took place before the decision was made and it does increase the security to the Residents and that positive feedback was made on this system.
ELECTION OF COUNCIL
The Property Manager noted the Citygate bylaws allow for each Council member to sit on Council for a 2-year term. This year there are 5 Strata Council members retiring. The Property Manager asked that one Owner who is elected for Council this year stand for one year rather than two in order for the Council to return to having either 3 persons or 4 persons retiring each year. This one year position will be decided at the first Council Meeting. The Property Manager noted there are 5 openings for the 2003/2004 Strata Council. The floor was open for nominations. There were 6 Owners nominated:
Rob Adams, Doug Hill, John Malone, Steve Frick, Harley Phillips, Jenny Ng
With no further nominations, ballots were to be filled in by the Owners present. Janice Stevens and Sheryl Ullrich counted the ballots.
The following Owners represent the 2003/2004 Strata Council
Allan Adams, Ivan Steiner, Rob Adams, Doug Hill, John Malone, Steve Frick, Harley Phillips
There being no further business, the meeting was adjourned at 9:25 p.m.
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