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MINUTES OF THE ANNUAL GENERAL MEETING
THE OWNERS STRATA PLAN LMS 195
CITYGATE 1
Held on July 13, 2010
1182 Quebec Street,
Vancouver, B.C.
(Printer
version)
CALLING OF THE ROLL
The meeting was called to order at 7:06pm by Olga Volkoff, Council
President who chaired the meeting.
Before any business can come before this meeting a quorum has to be
established.
It was noted at the time the meeting was called to order 7:06 pm. there
were 30 (thirty) Owners were present in person and 18 (eighteen) Proxies
for a total of 48 (forty - eight) The Council President advised that as
per the Strata Property Act, a quorum had not been reached. Therefore, as
per the Strata Bylaw;
“2.1 One third of the persons entitled to vote, present and in
person, or by proxy, constitutes a quorum. If within half-hour from the
time appointed for a general meeting a quorum is not present, the persons
present in person or by proxy and entitled to vote will constitute a
quorum”.
The meeting was adjourned and was to be reconvened at 7:35 pm. When the
meeting was called to order at 7:35, there were 48 owners represented in
person and/or by proxy.
Owners in attendance were welcomed and thanked for attending the meeting.
AGENDA
A Motion was made to accept the Agenda as presented. Seconded. Carried.
APPROVAL OF THE MINUTES
A Motion was made to approve the Minutes of the July 9, 2009 Annual
General Meeting as distributed. Seconded. Carried.
PRESIDENT’S REPORT
The Strata Council President Olga Volkoff provided the ownership with a
brief report outlining some of the issues Strata Council addressed over
the past year.
The Strata Council has:
• Reviewed and renewed regular service and maintenance contracts.
• Continued efforts to educate residents on strata bylaws and rules
• Monitored annual expenditures and prepared a realistic budget for the
upcoming year.
• Continue to efficiently address the strata corporation’s regular and
ongoing needs.
Olga Volkoff noted that as per the Health Board’s request the pool was
repainted. Also repairs were conducted on the pool surface. She mentioned
that, fortunately , the report provided by Marsh Engineering indicated
that the cracking was not structural.
She also mentioned that the fire panel is going to be replaced due to the
age and difficulty finding replacement parts. The project is in progress
It was noted that the Strata Council has been busy over the past year,
meeting monthly to make decisions related to maintenance, finance,
staffing, security, and bylaws. Those activities are detailed in the
Strata Council meeting minutes distributed to all residents and
non-resident owners of City Gate 1. Urgent matters are always addressed
via e-mail.
Olga thanked to all council members who volunteered this past year and
very generously gave their time to help keep City Gate 1 a safe and
pleasant place to live for all residents.
She also extended the following thanks:
• Thank you to Sylvia Hoogstins of Gateway Property Management for her
expertise, patience and guidance.
• Thank you to Ted McGrath for his tremendous help in dealing with
day-to-day building maintenance, looking after the building’s facilities,
and administration of the strata office.
The owners were reassured that Council strives to collectively represent
the best interests of all owners.
Following the Council’s report the owners present brought the following
issues for discussion:
The pilot program to reduce gas and electrical use in high-rise multi
family buildings.
Owners were reminded that the program will provide funding to Strata
Corporations to implement systems to reduce gas and electrical use. The
savings in utility costs can be used to pay back loans to finance the cost
of the systems.
The program starts with an energy assessment by Terasen Gas. The $5000.00
cost for the assessment is paid by the City. A proposal for energy savings
is then put together for the Strata Corporation to consider and decide
whether they wish to proceed.
The Strata Council agreed to sign up Citygate for the City of Vancouver
pilot program.
Back up plan to help people who might need help in case of emergency
It was suggested that Strata Council should have a register of people who
need help in case an emergency situation occurs such as a fire alarm. One
owner suggested that the security system (TV channel) can be used to make
announcements. The Strata Council is looking into it and will report
through the Council meeting minutes
Major renovation of BC Place Stadium - One owner expressed his concerns
with the noise that might affect the residents of Citygate during the
major renovation of BC Place Stadium. The retractable roof is expected to
be complete early in 2011. The Strata Council is looking into this matter
and additional information will be reported through the Council meeting
minutes.
INSURANCE REVIEW
In accordance with the Strata Property Act, the Strata Corporation is
required to maintain full replacement value coverage for the building and
may require added additional coverage for liability, Council errors and/or
omissions, etc.
The Strata Corporation’s insurance was renewed. The insurance is effective
April 1, 2010 to March 31, 2011.The property is currently insured for
$64,868,000.00.The Certificate of Insurance was included in the Notice of
The AGM.
There are significant deductible amounts and all owners are encouraged to
consult with their own insurance provider to ensure that deductible
coverage is included in the owner’s personal insurance coverage. If a
strata lot is found to be responsible for an insurance claim, the cost of
the repairs if less than the deductible will be charged back to the strata
lot. If the claim is more than the deductible, then the cost of the
deductible will be charged back to the strata lot.
The owners are kindly advised that the Strata Corporation’s water loss
insurance deductible is currently $10,000.00.
BFL Canada, the building’s insurers, has a Regal Homeowner policy that
provided additional private coverage in conjunction with the Strata
Corporation’s insurance which owners could enquire about by calling them
at (604) 669-9600.
INDIVIDUAL INSURANCE COVERAGE
Obtaining individual insurance coverage is strongly recommended.
It is the responsibility of individual owners to obtain their own
content/liability insurance for their strata lots. Owners are also
responsible for improvements made to their units and should also obtain
“betterment” insurance in this regard.
Residents, owners and tenants are also strongly urged to ensure that they
maintain a “secondary living expense fund” in the event that an incident
within the building keeps them from living in their residences for an
extended period of time. The Strata Corporation’s insurance is not
responsible for these costs.
Owners should also be aware that if, in the course of a fire, flood or
some other unforeseen occurrence, a resident’s possessions are damaged,
that person must make a claim for compensation through their own insurance
company as this is NOT covered under the building’s insurance policy.
Non-residents should also ensure that their tenants clearly understand
this.
It was moved/seconded and CARRIED that the report on insurance coverage
had been received
APPROVAL OF THE BUDGET
It was moved/seconded to approve the proposed operating budget(s) as
circulated for the fiscal year May 1, 2010 to April 30, 2011.
Mark Iwanaka presented the 2010-2011 fiscal year budget. He advised that
the 2009-2010 budget includes a 3.5% increase in the condominium fees.
Information was relayed to the ownership with respect to expenditures,
projections for the upcoming fiscal year, costs and contracts currently in
place, services that had been provided to the Strata Corporation over the
past year and other projections for the upcoming fiscal year. All costs
associated with the 2009-2010 fiscal year were accrued into the
appropriate year. This allows for a more accurate 2010-2011 budget to be
presented.
Mark noted there are funds budgeted to improve the recreation facilities.
Also he mentioned that the budget line 5730 shows the funds allocated to
replace the fire panel.
Discussion:
A question arose regarding whether there is an increase in the management
fees. The property manager advised that no increase was applied by
Gateway. However, starting July 1, 2010 the HST is in effect.
A question arose regarding whether there is an increase in the caretakers’
wages. Council advised that there is no increase their wages as shown by
the lines 4805 and 4810 of the budget.
There being no further discussion the Chairperson called for the vote, the
result being 47 IN FAVOUR, 1 OPPOSED, 0 ABSTAINED. CARRIED.
¾ VOTE RESOLUTIONS
The Adoption of any special resolutions requires it to pass by ¾ or more
of the votes cast.
¾ VOTE RESOLUTION 1
Olga Volkoff presented ¾ Vote Resolution 1. At the July 9, 2009 Annual
General Meeting, bylaws were approved to allow all owners to rent their
suites during the Olympics. There was also a number of housekeeping bylaws
approved associated with the rental of suites during the Olympics. Bylaws
# 23.1 to 23.5 are no longer required and need to be repealed.
The wording of the proposed resolution is as follows:
THEREFORE BE IT RESOLVED that the Owners of Strata Corporation LMS195
Citygate 1 repeal bylaws 23.1 to 23.5 in their entirety.
23.1 Strata lot owners who purchased after June 29, 2006 and were not
grandfathered under the new rental bylaw that was adopted on June 29, 2006
will be granted permission to rent their suite during the Olympics. Strata
lot owners who are not grandfathered and purchased their suite after June
29, 2006 must return the status of their suite to “owner occupied” as of
March 31, 2010.
23.2 Failure to return the status of the suite to “owner occupied” as of
March 31, 2010 will result in fines as per bylaw 18.7.
23.3 All strata lot owners who rent their suites must supply a Form K
indicating that their tenant has been provided with a copy of the bylaws
for Citygate 1 and the tenant’s contact information is supplied to the
Strata Corporation.
23.4. All strata lot owner who rent their suites for a short term rental
during the Olympics must pay a user fee of $250.00 per week to be used to
help pay the additional costs that will be incurred during the Olympics
such as extra cleaning and security.
23.5 Strata lot owners will be responsible for any damage to the common
area that is caused by their tenant. Strata lot owners will also be
responsible for any fines that result due to the infraction of bylaws by
their tenants.
End of resolution
It was then Moved/ Seconded that the resolution is adopted as presented.
There being no further discussion the Chairperson called for the vote, the
result being 48 IN FAVOUR, 0 OPPOSED, 0 ABSTAINED. CARRIED
¾ VOTE RESOLUTION 2
Olga Volkoff presented ¾ Vote Resolution 2.On January 1, 2010 a number of
changes was made to the Strata Property Act by the Provincial Government.
Section 142 of the Strata Property Act, Limits to Rental Restriction
Bylaws, reads as follows:
1. For the purpose of this section, “family” and “family member” have the
meaning set out in the regulations.
2. A bylaw referred to in section 141(2) does not apply to prevent the
rental of a strata lot to a member of the owner’s family.
3. A rental of a strata lot to a family member under this section creates
an assignment of the owner’s powers and duties under section 148.
The following was added to this section of the Strata Property Act in
order to clarify the section.
4. If the bylaws of a strata corporation include a bylaw referred to in
section 141 (2) (b) (i), a residential strata lot that has been rented
a) to a member of the owner’s family, or
b) under an exemption from the bylaw granted or allowed under section 144
is not to be considered, for the purposes of that bylaw, as a residential
strata lot that has been rented.
The purpose of adding number 4 to the Act is to prevent Strata
Corporations from counting suites that have been rented to family or have
been rented under hardship as part of their rental restriction cap number.
Citygate’s bylaw 18.8 currently states that units occupied by family
members other than the owner or units rented based on hardship are to be
used in defining the rental cap. This is now in contravention of the
Strata Property Act.
The current bylaw reads as follows:
18.8 LMS 195 rental restriction Bylaw 18 came into effect 29 June 2006.
All owners at that time were grandfathered and may rent their unit at any
time. The number of rentals permitted under the bylaw was capped at 40
units out of the total of 173 units.
New owners subsequent to the bylaw coming into effect may rent their unit
when the number of rental units falls below the cap following the
guidelines below. New owners wishing to rent their unit (nominees) may
place their name on a rental waiting list register maintained by the
Property Management Company. Requests to rent will be processed based on a
first come first served basis on the rental waiting list as of the
date/time the request is received in writing in the office of the Property
Management Company
Units considered rented for defining the rental cap include:
• Units rented by grandfathered owners.
• Units occupied by family members other than the owner.
• Units rented under hardship as determined by Council on a per case
basis.
THEREFORE BE IT RESOLVED that the Owners of Strata Corporation LMS195
Citygate 1 amend bylaw 18.8 as follows:
Current:
Units considered rented for defining the rental cap include:
• Units rented by grandfathered owners.
• Units occupied by family members other than the owner.
• Units rented under hardship as determined by Council on a per case
basis.
Amended:
Units considered rented for defining the rental cap include:
• Units rented by grandfathered owners.
End of resolution
It was then Moved/ Seconded that the resolution is adopted as presented.
There being no further discussion the Chairperson called for the vote, the
result being 47 IN FAVOUR, 1 OPPOSED, 0 ABSTAINED. CARRIED
¾ VOTE RESOLUTION 3
Olga Volkoff presented ¾ Vote Resolution 3. As part of the common area
restoration that was done after the repiping of the building, the suite
doors and frames were painted. Unfortunately the paint did not adhere
properly to the doors and frames and has started to scratch and peel on
most doors. The Strata Council discussed possible options to remedy this
issue including replacing the doors with stained wooden doors or sanding,
repairing and repainting the doors.
There is currently $20,304.28 in the special assessment account. It is
anticipated that the cost to properly repaint the suite doors will be
approximately $175.00 per door. The Strata Council is requesting
permission to use the remaining funds from the Special Assessment account
and no more than $15,000.00 from the Contingency Reserve Fund to repair
and repaint the doors and install corner guards on the walls around the
elevators on each floor.
The wording of the proposed resolution is as follows:
THEREFORE BE IT RESOLVED that the Owners of Strata Corporation LMS195
Citygate 1 allow the use of the remainder of the funds in the Special
Assessment account, $20,304.28, and no more than $15,000.00 from the
Contingency Reserve Fund to cover the cost to repair and repaint the suite
doors and install corner guards on the walls around the elevators on each
floor.
End of resolution
It was then Moved/ Seconded that the resolution is adopted as presented.
Discussion: With the placement of this resolution before the meeting there
were numerous speakers both for and against the proposed resolution.
Sarah Moen provided the ownership with detailed information regarding the
painting project. She advised that the cost to repaint the suite doors
will be $175.00 which will include sanding, repairing and repainting the
doors. Questions were raised regarding security concerns and the
reputation of the contractor and they were answered by Council.
This was obviously an important issue for many and that is why there was
considerable time devoted to the discussion before the vote was called.
There being no further discussion the Chairperson called for the vote, the
result being 45 IN FAVOUR, 3 OPPOSED, 0 ABSTAINED. CARRIED
ELECTION OF STRATA COUNCIL
The Strata Council was thanked for all their work during the past fiscal
year.
The following Strata Council members will continue on to their second year
as Strata Council members:Olga Volkoff, Mark Iwanaka, Norm Gallinger
The following owners agreed to join the Strata Council:
Don Calder, Armand Akhanavan, Christine Wallsworth, Kenn Coblin.
A Motion was made to elect the Strata Council members as presented.
Seconded. Carried.
NEW BUSINESS
Parkade Oil stains
There was a question regarding the oil stains in the parkade .Strata
Council advised that the parkade will be inspected on a regular basis and
letters will be sent to all residents with oil stains in their parking
stalls. Owners are reminded the Bylaw # 8.10 which states:
8.10 Oil leaks and exhaust pollution stains in parking stalls are the
responsibility of the strata lot owner and the affected stall(s) must be
cleaned by the strata lot owner and the strata lot owner must ensure that
the offending vehicle is removed and not returned to the parking stall(s)
until it has been repaired. If after ten (10) days’ notice, the vehicle
has not been repaired and the stall(s) cleaned, the strata lot owner will
be subject to a fine and the vehicle will be towed at the vehicle owner's
expense. The strata corporation will have the stall(s) cleaned at the
strata lot owner’s expense and the owner may be fined up to $100.00
Elevator Cabs
It was mentioned that the elevator cabs are in a poor shape and should be
reconditioned. Strata Council advised that this is a costly project,
however it will be considered in the future.
Window cleaning
The window cleaning of the inaccessible windows will begin on
Monday,
August 30, 2010 through to Friday, September 10, 2010 between8:00 a.m. to
6:30 p.m. (weather permitting).The job takes approximately 2 weeks to
complete but will not include weekends.
Owners are kindly asked to report any concerns regarding the cleaning to
the on site staff while the workmen are on site. Any after hours
complaints may be placed in the mail slot located in the meeting room door
for the Manager to receive the following day.
Pigeon nuisance
One owner noted that pigeons were attending a few areas of the building
for the past few weeks. She expressed her concerns with the pigeon
droppings that are also known to harbor a variety of diseases and
parasites, and large accumulations may present a human health hazard. The
Strata Council is looking into it and will report through the Council
meeting minutes
New property manager
Anca Ciobanu has been recently assigned as a new Property Manager for
Citygate 1. She can be reached at 604-635 5063 and her e-mail address is
aciobanu@gatewaypm.com .Sylvia Hoogstins will be working closely with Anca
to ensure a smooth transition.
New caretakers
Owners are advised, effective July 1, 2010 Strata Corporation welcome
Zoran and Zdravka Krezic, new Resident Managers. Resident Manager’s hours
are Tuesday to Saturday, 8:00 am -5:00 p.m. (lunch 12 to 1pm)
For any building emergencies during business hours, please call the
Resident Manager at 604-681 5316. After hours and weekend emergencies must
be reported to Gateway Property Management at 604 777- 3890.
A special thank you has been offered to Silvia Hoogstins who has
contributed to the building with her knowledge and guidance.
There being no further business, the meeting was terminated at 9:15 p.m.
Please retain at least 24 months of Strata Council and General Meeting
minutes. Should you decide to sell or remortgage your suite, these minutes
will be required by the potential purchaser or lending institute. The
Property Management company has copies of the minutes however there would
be a charge for obtaining a copy of the minutes.
Gateway Property Management Corporation
Main Switchboard (604) 635-5000
400-11950-80th Avenue Fax (604) 635-5001
Delta, B.C. Property Manager (604) 635-5063
V4C 1Y2 Administrative Assistant(604) 635-5050
Property Manager: Anca Ciobanu
aciobanu@gatewaypm.com
Assistant: Jesse Sulaiman
jsulaiman@gatewaypm.com
24 Hour Emergency: (604) 777- 3890
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