CONDOMINIUM HOME OWNERS’ ASSOCIATION OF BC · guide you through the process. ... endorsed by the Condominium Home Owners’ Association. ... Condominium Home Owners’ Association

www.choa.bc.ca 1.877.353.2462

C O N D O M I N I U M H O M E O W N E R S A S S O C I A T I O N O F BC

SPRING 2013

CHOA 2013Symposium & AGMNanaimo April 13, 2013

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CHOA Journal | Spring 2013 3

Bill Blackall 604-273-1745 The Property Management Division Century 21 Prudential Estates (RMD) Ltd.7320 Westminster Hwy. Richmond, B.C. V6X 1A1 www.century21pel.com

Residential Management Specialists Serving the Lower Mainland.

Experienced & Fully Licensed Managers.

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estate organization in the world.

When frustrations mount and you throw complicated strata laws into the mix, a small problem can become a major headache!

Fortunately, there are resources available to help strata councils and property managers. StrataFAQs, developed by the Strata Property Group at Clark Wilson, is a searchable database covering dozens of commonly asked strata law questions. Recent additions include:

At the last council meeting, the council passed a rule requiring anyone who books the common room for a private event to pay a fee of $100. Is the rule enforceable?

Our bylaws provide that owners cannot put up any signs to advertise the sale of their strata lot. Is this bylaw enforceable?

Does a strata corporation have to le an income tax return?

ContentsThe Case Of The Unenforced Bylaws

Government Amends Limitation Period For Filing Lawsuits Under 2-5-10 Warranty Policies

Maintenance Matters Building Envelope Maintenance And Renewals Planning

2013 AGM & Proxy

2012 Annual Report

CHOA Spring 2013 Strata Education Program Courses

Parking Spaces and Storage Lockers January 1, 2014

Conflicts In Strata Corporations

eStrataHub

CHOA Business Members

4 CHOA Journal | Spring 2013

304 123 East 15th StreetNorth Vancouver, BC V7L 2P7

Telephone 604-987-9040Fax 604-987-9045Email [email protected]

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24/7 Emergency Responders Water & Fire Damage Restoration


Continued on page 6.

Is a strata corporation responsible to ensure that an owner complies with the Workers Compensation Act regarding the appropriate identification,

handling and disposal of hazardous

materials such as asbestos? This question

was recently considered by the British

Columbia Supreme Court in Chorney v.

The Owners, Strata Plan VIS 770 as a

result of a claim by Ms. Chorney that the

strata corporation failed to enforce certain

strata corporation bylaws.

Ms. Chorney sought a declaration

that the strata corporation had failed

to enforce bylaws 3(5) and 4(1). Bylaw

3(5) required owners to comply with

the Building Code and any applicable

provincial, municipal or regional laws

and regulations when altering or repairing

the owners strata lot or common

property. Bylaw 4(1) prohibited an owner

from causing a nuisance or hazard to

another person.

Ms. Chorney also sought a declaration

that in failing to enforce the bylaws, the

strata corporation breached its duty to

protect residents and visitors from the

hazards posed by asbestos. The Court

considered the following facts.

In August 2011 as a consequence of

building envelope repairs, a Hazardous

Materials Survey was obtained and

provided to the owners which advised

that asbestos was found in a number

of areas including the drywall joint

compounds, the pipe insulation and the

crawl space. The Survey noted that prior

to the performance of any work that may

disturb asbestos containing materials it is

a regulatory requirement that a qualified

person perform a Risk Assessment.

The Survey also noted that the removal

of asbestos containing drywall joint

compound from the ceiling should be

conducted using High Risk asbestos

abatement procedures and that the

removal of asbestos containing drywall

joint compound from the original walls

should be conducted using a Moderate

Risk asbestos abatement procedure.

The owners were subsequently

advised through emails sent on behalf

of the strata council that WorkSafeBC

had specific guidelines for working

with asbestos and that owners planning

renovations must consider the guidelines

and follow the Occupational Health

and Safety Regulation. Approximately

one month later, a further email was

circulated to the owners advising that a

failure to comply with the regulations

for dealing with asbestos would be a

breach of the strata corporations bylaws

which prohibit an owner from causing a

nuisance or a hazard to another person.

The email advised that a breach would

result in action by the strata corporation.

At an Annual General Meeting

held May 25, 2012, one owner, Mr. W,

acknowledged that he had commenced

renovations in a strata lot without

the required Hazardous Materials

Assessment. At the meeting, Ms.

Chorney advised the owners and newly

elected strata council members which

included Mr. W that the strata council

should ensure that the proper steps were

undertaken regarding meeting asbestos

removal protocol.

At a strata council meeting held

May 31, 2012, the minutes indicate

that the strata council had decided to

fine Mr. W $200 for failing to obtain a

Hazardous Materials Assessment. On

the basis of the fine, the strata council

The Case Of The Unenforced Bylaws

Adrienne Murray / Law Corporation

CONDOMINIUM HOMEOWNERS ASSOCIATION OF BCThe Condominium Home Owners Association of BC promotes the understanding of strata property living and the interests of strata property owners by providing: advisory services; education; and resource support for its members.

MEMBERSHIP IN CHOANew members are always welcome. All members may access CHOAs advisory services, publications, CHOA journals, resources, seminars and workshops. For more information on the benefits of membership, contact our head office, or go to our website.

CHOA CONTACT INFOToll-Free: 1.877.353.2462Website: www.choa.bc.caEmail: [email protected]

Head Office (Lower Mainland):Suite 202 624 Columbia Street New Westminster, B.C. V3M 1A5T: 604.584.2462 F: 604.515.9643

Vancouver Island Office:Suite 222 1175 Cook Street Victoria, B.C. V8V 4A1T: 250.381.9088

Kelowna Office:#26 1873 Spall Road Kelowna, B.C. V1Y 4R2 T: 250.868.1195 F: 250.868.1195

STAFFTony Gioventu, Executive DirectorHeidi Marshall, Advisor Vancouver Island, Communications Officer

Sharon Kelly, Advisor Vancouver IslandBill Miller, Advisor InteriorTom Carr, Advisor Lower MainlandDonna McKinnon-Heide, Member Services Coordinator

Leo Wang, Accounting & Reception

ADVERTISERS WELCOMEFor advertising information and rates, please contact our office.

Tel: 604.584.2462Fax: 604.515.9643

CHOA BOARD OF DIRECTORSBroc Braconnier, President KAS1884 Bill Thorburn, Vice President VIS5081Iris McEwen, Treasurer LMS1965 Marion Mitchell, Secretary LMS358 Colleen Smith BCS318Heinz Maassen NW955Mary Stojanovic VR53Keith Davis VIS2044Jeannie Pearce NW3258Eli Mina BCS1871David Carter LMS1383Darryl Foster VIS2168Allyson Baker, Business MemberAdrienne Murray, Business MemberMark Will, Business Member

DISCLAIMERThis publication is designed to provide informative material of interest to its readers. It is distributed with the understanding that it does not constitute legal or other professional advice. Although the published material is intended to be accurate neither we nor any other party will assume liability for loss or damage as a result of reliance on this material. Appropriate legal advice or other expert assistance should be sought from a competent professional. The services or products of the advertisers contained in the CHOA Journal are not necessarily endorsed by the Condominium Home Owners Association.

The CHOA Journal is printed by Still Creek Press Ltd., Burnaby, BCCover photo by Andrew Campbell, Andrew Campbell Photography, Richmond, BC


then suggested that it would be able to

issue a letter of approval in respect of

the alterations to the City. After further

discussion the strata council recognized

that notwithstanding the fine, it must

require the owner to obtain a Hazardous

Materials Assessment.

During the strata council meeting a

second council member, Mr. V, indicated

that he also would be conducting

renovations to his strata lot, strata lot

1, and that he would be obtaining a

Hazardous Materials Assessment.

In June, Ms. Chorney contacted

WorkSafeBC to advise them of the

construction activities that appeared

to be ongoing particularly in relation

to strata lot 1, Mr. Vs strata lot.

Subsequently the strata council minutes

indicated that Mr. W produced evidence

that a Hazardous Materials Assessment

had been conducted in relation to

strata lot 8, Mr. Ws strata lot and Mr. V

indicated that he would provide the

appropriate assessments in relation to

strata lot 1.

Ms. Chorney received the Hazardous

Materials Assessments for each of strata

lots 1 and 8 later in June however she

was concerned that they were only

partial assessments and she subsequently

contacted WorkSafeBC.

WorkSafeBC issued a number of

Inspection Reports for the building

to Mr. V and Mr. W and to the strata

corporation. The Inspection Reports

to the owners noted that demolition

had proceeded prior to the inspection

for hazardous materials, that various

violations of protocol for dealing with

asbestos had occurred and that there was

continued non-compliance.

On July 16, 2012, WorkSafeBC

issued an Inspection Report to the

strata corporation detailing the strata

corporations responsibility regarding

asbestos. The Inspection Report noted:

Renovation projects have

commenced in the structure that

are likely to disturb materials

containing asbestos and there

has been no notifications or

work procedures submitted to

WorkSafeBC regarding the projects.

The absence of notifications

indicates that this employer is not

doing everything that is reasonably

practicable to establish and

maintain a system or process that

will ensure compliance with the

Workers Compensation Act, Part

3 and the regulations in respect of

the work place.

This is in contravention of the

Workers Compensation Act,

section 118(2)(b).

The prime contractor of a

multiple employer work place

must do everything that is

reasonably practicable to establish

and maintain a system or process

that will ensure compliance with

the Workers Compensation Act,

Part 3 and the regulations in

respect of the work place.

Subsequently, further Inspection

Reports were issued to the contractors

for Mr. W and Mr. V noting numerous

violations of the protocol for dealing

with asbestos.

On August 28, 2012, WorkSafeBC

issued a further Inspection Report to the

strata corporation requiring that the strata

corporation put in place a process to

ensure future compliance with the Workers

Compensation Act and regulations through

an amendment to its bylaws.

On September 26, 2012, WorkSafeBC

issued a further Investigation Report to

the strata corporation and issued a Stop

Work Order.

After considering the chronology

of events, the Judge concluded that

the bylaws require compliance with

applicable regulations and that the

strata corporation had repeatedly failed

to enforce the bylaws in relation to

the matter of renovations. The strata

corporation argued that although there

was evidence of failure on the part of

certain owners, it could not be said

that the strata corporation had failed to

perform its duty to ensure compliance.

The Judge disagreed and found that there

was no evidence of any actions taken by

the strata council to enforce its bylaws.

The Judge concluded that the strata

corporation had failed to enforce

its bylaws. The Judge granted the

declarations sought by the Petitioner.

The Chorney case has significant

implications for strata corporations.

The case makes it clear that the

strata council, on behalf of the strata

corporation, must not only be aware

of what renovations are being carried

within a strata lot but more importantly

that the strata council take the necessary

steps to ensure compliance with all

provincial and municipal laws and

requirements particularly if residents

and visitors health and safety could be

at risk. The strata corporation must also

respond quickly and effectively in the

event of non-compliance. Additionally,

notwithstanding that the alterations

were occurring within a strata lot,

WorkSafeBC clearly stated that the strata

corporation must do everything that is

reasonable practicable to establish and

maintain a system or process that will

ensure compliance with the Workers

Compensation Act.

Strata councils that are uncertain of

their obligations in relation to alterations

within a strata lot or common property

should seek legal assistance.

Continued from page 5.

CHOA Journal Summer Issue:


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Limitation periods are a topic which makes lawyers and clients eyes glaze over. Unfortunately, they are critically important for

preserving legal rights.

Limitation periods are deadlines for

suing. Lawsuits commenced after the

expiry of a limitation period will be

dismissed, regardless of their merits.

The British Columbia Government

recently amended the limitation period

for filing lawsuits under 2-5-10 warranty

policies. Unfortunately, the amendments

have not resolved the uncertainty which

exists with respect to the applicable

limitation period. Depending on when

the claim arose, the limitation period

may be one, two, or six years, and start to

run on a date that is difficult to pinpoint.

The new Insurance Act (the New

Act) and the Insurance Regulation

create separate deadlines for (1) loss

and damage that occurred on or after

July 1, 2012 and (2) loss and damage

that occurred prior to July 1, 2012. As

will be discussed below, it is not always

clear whether the old or new version of

the Insurance Act applies to a particular

strata lot or condominium. Likewise, it is

not always clear what events trigger the

running of the limitation period.

For loss and damage occurring on or

after July 1, 2012, the New Act provides

that lawsuits must be commenced

not later than two years after the date

the cause of action against the insurer

arose. While the phrase cause of

action generally refers to the right to

sue, it is unclear when this right arises.

For example, the right to sue could arise

when the owner or strata corporation

becomes aware of a claim, when they report

the claim or when the claim is denied.

For loss and damage that occurred

prior to July 1, 2012, the old legislation

continues to govern. Under the old

version of the Insurance Act (the Old

Act) actions to enforce certain insurance

contracts must be commenced

within one year after the furnishing

of reasonably sufficient proof of a loss

or claim under the contract. While

the phrase proof of loss or claim is

fairly straightforward, it is unclear how

this applies in circumstances were an

owner or the strata corporation provides

multiple notices in respect of the same

defect. More importantly, it is also

unclear whether this one year limitation

period even applies. This is because the

Old Act does not specifically mention

whether 2-5-10 warranty policies

are subject to this deadline and most

construction defect claims are currently

subject to a six year limitation period

(note, the Limitation Act is also being

amended and, on June 1, 2013, the six

year limitation period will be replaced

by a two year limitation period).

The complexity of the above legal

framework can be demonstrated by

the following example. Imagine that

a condominium was constructed and

occupied prior to July 1, 2012. Imagine

also that certain window defects were

discovered and reported to the warranty

provider and builder prior to July 1, 2012,

while additional window defects were

discovered and reported to the warranty

provider and builder after July 1, 2012.

In this case, the window defect claim

could be subject to a one, two or six year

limitation period whose commencement

date is uncertain.

Given the uncertainty about which

limitation period applies, owners or

strata corporations may be tempted

to hold off on reporting claims on the

mistaken assumption that, if they dont

report, they cant trigger the limitation

period. This strategy could backfire if a

court concludes that the owner or strata

corporation failed to provide timely

warranty reporting.

In the end, the safest course of action is to:

1. report early and often to the warranty provider and builder; and

2. give timely consideration to whether it is necessary to file a lawsuit in order to preserve warranty rights.

In so doing, keep in mind that filing

a lawsuit does not commit an owner or

strata corporation to pursuing litigation.

Once a lawsuit is filed, the owner or

strata corporation has one year to serve

the lawsuit on the named defendant(s).

This year can be used to investigate the

defects, negotiate with the warranty

provider and/or builder and decide

whether litigation is in the owner or

strata corporations interests.

Government Amends Limitation Period For Filing Lawsuits Under 2-5-10 Warranty PoliciesSat D. Harwood / Lesperance Mendes Lawyers


Homeowner Protect ion Office 1 Maintenance Matters No. 7 www.hpo .bc . ca

No.

MaintenanceMatters

Building Envelope Maintenance Bulletin

Concentrated balcony runoff leads to an unsightly appearance and potentially premature failure of the wall if not addressed

Maintaining your building envelope

This publication is one in a seriesof bulletins designed to provide practical information on the maintenance of the building envelope of multi-unit residential buildings including townhous-es, low and high-rise residential buildings.

What is a building envelope/enclosure?

The building envelope or building enclosure includes all parts of the building (assem-blies, components and materials) that are intended to separate the interior space of the building from the exterior climatic conditions. It includes, for example, the foundation, exterior walls, windows, exterior doors, balconies, decks and the roof.

Who should read this bulletin?

Anyone who lives in or looks after a multi-unit residential building should read this bulletin including residents/unit owners, strata councils, housing co-operatives, maintenance managers, property manag-ers or building owners. Proper mainte-nance of the building envelope can help prevent damage and avoid costly repairs in the future.

This bulletin is funded by the Homeowner Protection Office (HPO), a branch of BC Housing, in partnership with Polygon Homes Ltd.

Building Envelope Maintenance and Renewals PlanningOver the life of every building, owners are required to periodically make decisions, and take action, to maintain and renew the various physical components of their buildings. Each of these decisions and actions can impact the lifespan of the building components.

The term assets refers collectively to all major building components that are part of the common property. This bulletin addresses building envelope components such as roofs, walls, windows and doors. However, the information is equally applicable to all other building assets. The degree to which maintenance impacts the service life of building assets will depend on their durability and exposure conditions, as well as the quality of the maintenance program. The primary focus of this bulletin is on the importance of being proactive rather than reactive in the maintenance and care of buildings. Proactively maintaining building assets, such as common property and the property that a strata corporation has to maintain and repair under their by-laws, will result in lower long-term costs,

protection of property and asset value, minimized disruptions to residents, and lower risks for all property owners.

Effective December 13, 2013, all strata corporations of five units or more in British Columbia, must complete a depreciation report as required by the Strata

Property Act, unless they have passed a three-quarters vote each year they wish

to be exempt from the requirements.

The primary focus

of this bulletin is on

the importance of

being proactive rather

than reactive in the

maintenance and

care of buildings.



CONTACT: Derek Neale, Architect AIBC, FRAIC, RIBA BEP Principal

201-134 Abbott St., Vancouver BC, Canada V6B 2K4 T: 604.669.1926 E: [email protected]

ww

w.n

sda.

bc.c

a

Services Offered:Building Envelope Remediation and RepairsBuilding Envelope Condition Assessments Recommended Scopes of Work / Cost EstimatesDesign Reviews with OwnersDesign and Construction DocumentationCompetitive TenderingConstruction Contract AdministrationDetailed Progress ReportsDepreciation Reports

Your Strata Asset Management Specialists

morrisonhershfield.com

Call us first if your strata problem needs to go to court, arbitration or mediation.

John G. [email protected]

TEL: 604-685-3567FAX: 604-685-7505

www.lmlaw.ca

2-5-10 Warranty Claims Environmental ContaminationClaims against Developers & Contractors

Disputes between StratasBylaw Enforcement Disputes between Owners

Paul [email protected]

www.twitter.com/stratalawyer

Legal Advice for Owners, From the Ground Up

LESPERANCE MENDES LAWYERSM E D I AT O R S | A R B I T R AT O R S | L I T I G AT O R S



Why Maintain?Building assets require maintenance and care to achieve their full lifespans. For a building that has been well designed, constructed and maintained, the assets can be expected to last their full predicted service lives. Conditions deteriorate over time as a result of a variety of factors such as weather (sunlight, rain, wind, snow and ice), and wear and tear (daily use by occupants of the building). Without adequate maintenance, the building assets will deteriorate faster and their service lives may be diminished.

How We Spend Money on BuildingsThe quality of the design and construction of a building has a significant impact on the life expectancy of the building assets, as well as on the maintenance and renewal requirements associated with these assets. In the case of new buildings, strata owners have no control over design and construction decisions. However, for a rehabilitated or renovated building envelope, strata owners can participate in decisions related to the design and can have a significant impact on future maintenance and renewal activities. These decisions usually consider trade-offs between higher initial costs and future costs associated with operations, maintenance and renewals. Maintenance and renewals planning should start at the design phase of a project and not be left as an afterthought for the owners to address once the building is handed over.

Owners act as program administrators of the common property of their buildings and are required to invest in various types of activities to sustain the performance and maintain functionality of the assets. These investment costs can be organized into four broad groups:

perat o t These are the costs required to run the building. Electricity, gas and insurance are typical examples of operating costs.

a te a ce a epa r o t These costs include activities to keep assets in good working condition. Examples of routine mainte-nance activities for the building envelope system include cleaning of debris from roof drains, washing of the windows or inspecting the sealants. Small repairs are often included in the same category as maintenance costs.

e e a o t These include costs to replace or refurbish the assets when they have reached the end of their service lives. Replacement of the roof every 15 to 25 years is one example.

A aptat o o t These include expen-ditures required to adapt the building to the evolving needs of the users and to address new legislative requirements and standards that may be imposed by public orders. An example of this may be the requirement to retrofit the fire safety equipment in multi-unit residential buildings.

The chart on the next page illustrates the typical distribution of costs over the life cycle of a residential building, from the initial construction through to the disposal of the building at the end

of its service life.

When coordinated

together, a depreciation

report and annual

maintenance plan

are valuable tools for

budgeting, contingency

reserve planning, and

maintenance and

renewal scheduling.

Owners are the program

administrators of the

common property for the

service life of their build-

ings and are required to

invest in various types of

activities to sustain the

performance and

maintain functionality

of the assets.

Roof drain cleaning.

Window cleaning.



Locally Owned and Operated Financial Reporting You Can Understand Seasoned Judgement and Practical Advice Honesty and Integrity in Everything We Do

6400 Roberts Street, Suite 100, Burnaby, BC V5G 4C9 Phone: 604-432-7774 Fax: 604-430-2698

Toll Free: 1-866-867-5760 E-mail: [email protected]



What is Building Asset Management?Effective administration requires responsible planning each year and proper oversight in order to ensure that required inspection, maintenance and renewals tasks are undertaken. When setting up a program for the effective administration of building assets, owners make decisions relative to risk tolerance, finances (expenditures and return on investment), legal obligations and the need for reliable and functional assets. A variety of techniques have been developed to assist building owners in monitoring, tracking and steering the process of managing their building assets. The key to responsible and effective building asset management is to embrace the task of managing the building assets on a consistent and ongoing basis. This does not mean that owners have to do the work themselves, however, they do have to ensure that somebody is responsible for planning and the ongoing program administrator role.

Key Documents to Support Effective Maintenance and Renewal PlanningAt the completion of a new construction project (or rehabilitation project), the owners, represented by the strata council, must be provided with a package of reference documents regarding the new building assets that have been placed in service. The hand-over of these documents from the building design and construction team is intended to empower the owners to achieve self-sufficiency in the administration of their building assets.

The quality and completeness of the information provided by the construction team is critical to the ability of the owners to effectively manage their building assets. It may be necessary to further develop the package of documents provided to create an effective ongoing building asset management tool. The Operations and Maintenance Support Information (OMSI) package captures and organizes key documents that are generated during the design, construction and commissioning of a new building or building envelope rehabilitation project. The main components of an effective OMSI package are summarized below:

ra Drawings should be readily avail-able for reference purposes to contractors and consultants and may be required for periodic inspections, repairs and renewal activities. Since drawings are fragile and can sometimes be lost or damaged, it is strongly recommended that all drawings be converted to electronic format. This will facilitate long-term archiving and avoid the need to obtain replacement hard copies from your municipality.

Spec cat o Specifications provide infor-mation related to materials and components of the building. Unfortunately, specifications are not always provided to the owners for new construction projects.

arra ty ert cate Warranty certificates are contracts specifying that the materials and/or workmanship of different assets will meet a certain level of performance over a specified period of time. Essentially, warranties are intended to protect the owner against premature failure of assets during the specified warranty periods. Warranties are carefully worded documents that contain exclusions and disclaimers.

Sa ety a e t ert cate These documents demonstrate that the necessary inspections and other maintenance work associated with certain assets has been completed. Common property with important safety implications such as elevators, roof anchors, fire suppression systems, boilers and backflow prevention valves must be tested periodically. The test certificates must be clearly posted either in the utility rooms, near the corresponding equipment, or be kept on file in a designated site office.

Distribution of life cycle costs of a typical building.

Effective administration

requires responsible

planning each year and

proper oversight in order

to ensure that required

inspection, maintenance

and renewals tasks are

undertaken.

A depreciation report

provides a valuable

inventory of all assets

and property that have

to be maintained and

renewed by the strata

corporation. The report

must identify asset

condition, remaining life

of the component and its

projected renewal date,

and the projected future

costs of each component.



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Find out today if you are eligible and if you meet all of the requirements as a low-income homeowner or as a landlord applying on behalf of an eligible tenant.

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A et e tory This inventory includes information related to some of the basic attributes of the assets such as age, quality, manufacturer and estimated useful life.

p e t a S pp e e tory Equipment and supplies that are stored on the premises are essential to an effective mainte-nance program. Maintenance supplies should be stored in a locked service room that is acces-sible only to authorized personnel. Keeping an up-to-date inventory of all items stored on site is recommended.

art a e a ar er Equipment tags indicate the inspection dates of certain equipment such as fire safety devices and back-flow protection valves. Labels also indicate the location of important equipment and provide safety warnings to persons carrying out work in close proximity to some of the equipment.

a te a ce e Various organiza-tions offer maintenance guides, information bulletins, and other reference documents to assist owners with the maintenance and renewals of building assets. The Homeowner Protection Office (HPO) has produced several Maintenance Matters bulletins and videos with helpful tips on the maintenance of multi-unit building envelopes. For additional resources, check the For More Information section in this bulletin.

o ary o er Since most owners are not familiar with construction terminology, it is useful to have a glossary of terms to explain the various components associated with the building assets.

a te a ce Ser ce A ree e t Over time, the owners, represented by the strata council, will enter into agreements with various parties for routine inspections, periodic mainte-nance and eventual renewal services relating to the building assets. The types of agreements will depend on the role the owners and property manager wish to take in the ongoing maintenance program and long-term administration of the building assets. The types of service contracts will also be determined by the desired standard of care that the owners wish to achieve as well as the owners tolerance for risk.

o tact t A list of all the contractors, consultants and other parties involved in the construction or rehabilitation project is helpful since these companies have first-hand know-ledge about the building.

a act rer Pro ct terat re Most companies that manufacture products used in the construction and repair of build-ing assets produce technical data sheets with reference information about their products. This information is useful to contractors carrying out maintenance and help determine the compatibility of the original construction materials with any new materials.

pect o or a o oo The owner and contractors should use forms and logbooks to collect and record maintenance work carried out on the assets. This demonstrates the level of care and diligence shown by the owners and helps to identify trends in the performance of the building assets.

o o r Sc e e The colour schedule pro-vides a summary list of the basic colours (and sometimes also the textures) that were used on the various finishes installed during original construction or as part of a renewal project. This information helps those undertaking maintenance and renewals tasks to match colours to the existing appearance.

Warranties do not cover

the following types of

events: normal wear and

tear, normal aging,

misuse and abuse and

failure to carry out

adequate maintenance

during the warranty

period.



Atira Property Management Inc. offers personalized, client-focusedmanagement solutions for strata corporations, building owners,housing co-operatives, not-for-profit societies and developers acrossthe Lower Mainland. For more information, please visit www.atira.ca

White Rock Office#204-15210 North Bluff Rd.White Rock, BC V4B 3E6

Phone: (604) 531-9100Fax: (604) 531-9145

Vancouver Office405 Powell St.Vancouver, BC V6A 1G7

Phone: (604) 439-8848Fax: (604) 439-8804

atiraPROPERTY MANAGEMENT

caring property management for your community



The typical OMSI package may comprise several hundreds of pages of support documents. It is helpful to keep all components of the OMSI are kept in electronic format for long-term archiving and access purposes. Storing documents in a single repository is also recommended. If any documents are removed from the repository they should be immediately copied and returned to the repository. The document repository can take the form of a software database or filing cabinet.

Moving From Hand-over to Hands-onSometimes the package of hand-over documents includes what is referred to as a maintenance manual. Although most people are familiar with maintenance manuals that come with the purchase of a new car or appliance, it is helpful to distinguish between some maintenance terms that are used interchangeably. Distinctions should be made between four closely related concepts:

a te a ce a a This handbook contains instructions, rules or guidelines for performing particular maintenance tasks. For example: Inspect the roof drains and remove any vegetation and debris that is obstructing the drainage path. A maintenance manual is required as part of the hand-over documents for both new and rehabilitation construction projects.

a te a ce Po cy This is a formal statement committing the owners to a particular standard of maintenance. The policy is intended to guide future decision-making for developing and implementing the maintenance plan. For example: It is our policy to wash the exterior inaccessible window glass twice each year.

a te a ce a e e a P a This plan helps owners to coordinate and group all maintenance and renewals tasks within a pre-scribed timeline. It often takes the form of tables. For example, a single line entry in a table might specify: Replace our roof during the dry summer months and a particular year for this task. A maintenance and renewals plan is not necessarily provided with the hand-over documents and may need to be developed by the owners with assistance from a qualified consultant.

a te a ce Pro ra This is the commitment of the owners financial resources to a specific plan of maintenance and renewals

activities for a particular time frame. It is the final step of planning for the effective and ongoing building asset administration. For example, owners should be able to say: We have an approved budget, including the consultants and contractors, to undertake the work, and have a monthly schedule of activities to ensure that we can complete all the necessary maintenance and renewals work for this fiscal year.

The specific instructions contained in the main-tenance manual are organized into a broader plan. The plan is then implemented through the co-ordinated activities in the program. Without a program, the manual will likely gather dust on a shelf. Owners of homes with home warranty insurance could limit or jeopardize their coverage as a result of negligent or improper maintenance to the home. Licensed Residential Builders and warranty providers have a responsibility to provide maintenance information to the original buyers of a home, if they want to make home warranty insurance coverage conditional upon proper maintenance. The Homeowner Protection Act regulations* do not specify the contents, standards and organization of these maintenance manuals. This is generally left to the best judgement of the design and construction team. Therefore, it may be necessary to enhance the content of the manual that is received. Owners of strata-titled homes also have a legal obligation to maintain the strata property under the Strata Property Act.** The owners should incorporate the manual into the existing set of governance documents, such as by-laws and the annual operating budget. The maintenance and renewals plan (and the associated OMSI package) must be treated as a living document. Therefore, it should be periodically updated. One of the most significant challenges facing owners is the effective transition of the maintenance and renewals plan into a maintenance program. Essentially, the owners must plan the work and work the plan. An effective maintenance program requires the owners to support the maintenance manual through the establishment of maintenance standards, maintenance policies and an approved budget. These various facets must all be carefully balanced so as to avoid any weak links that may undermine the maintenance strategy. For example, if the maintenance budget does not match the intent of the maintenance policy, then the maintenance program is headed for trouble.

Roof inspection.

* The Homeowner Protection Act regulations are available online at www.hpo.bc.ca.

** The Strata Property Act is available online at

www.housing.gov.bc.ca

While maintenance

schedules cover annual

periods, depreciation

reports are required to

cover a 30 year renewal

period and include main-

tenance items that occur

less often than once

per year.



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AcknowledgementsThis bulletin was prepared by RDH Building Engineering Ltd. Organizations represented on the project steering committee included: Read Jones Christoffersen Ltd., JRS Engineering Group, Polygon Homes, FPInnovations, Condominium Home Owners Association, and the Homeowner Protection Office.

DisclaimerThis bulletin is intended to provide readers with general information only. Issues and problems related to buildings and construction are complicated and can have a variety of causes. Readers are urged not to rely simply on this bulletin and to consult with appropriate and reputable professionals and construction specialists before taking any specific action. The authors, contributors, funders and publishers assume no liability for the accuracy of the statements made or for any damage, loss, injury or expense that may be incurred or suffered as a result of the use of or reliance on the contents of this bulletin. The views expressed do not necessarily represent those of individual contributors or BC Housing. The regulations under the Homeowner Protection Act contain specific provisions requiring owners to mitigate and restrict damage to their homes and permitting warranty providers to exclude coverage for damage caused or made worse by negligent or improper maintenance. These apply to both new and building envelope renovated homes covered by home warranty insurance. Failure to carry out proper maintenance or carrying out improper maintenance either yourself or through qualified or unqualified personnel may negatively affect your warranty coverage. Refer to your home warranty insurance documentation or contact your warranty insurance provider for more information.

1701- 4555 KingswayBurnaby, BC V5H 4V8

Phone: 778 452 6454Toll-free: 1 866 465 6873

www.hpo.bc.cawww.bchousing.orgEmail: [email protected]

Over the life of a building, the appearance,

performance and costs associated with the building envelope (and indeed all systems that comprise the building) are dependent on the implementation of an effective maintenance and renewals plan. This is not a trivial task and requires the ongoing commitment of the owner group, with the support of the maintenance custodian, to a process of information gathering, planning, funding and periodic updating of the plan.

Action Plan Tips Be proactive about your building maintenance and renewals needs.

Notify your property manager if you believe there is a maintenance problem with the building envelope.

Gather and maintain key documents that are critical to the effective maintenance of the building envelope.

Ensure that the building has a maintenance and renewals plan.

Commit to the plan and implement a maintenance program.

Update the maintenance and renewals plan.

Ensure that you have a program administrator for your maintenance and renewals program.

For More Information1. Maintenance Matters bulletins published by the Homeowner Protection Office, available online at www.hpo.bc.ca.

2. Strata Property Act published by the Office of Housing and Construction Standards, available online at www.housing.gov.bc.ca.

3. What a Strata Corporation Needs to Know About Depreciation Reports published by the Condominium Home Owners Association of BC, available online at www.choa.bc.ca.

4. Refer to your buildings maintenance manual.

Who Makes It Happen?The owners must establish who will oversee the implementation of the maintenance and renewals plan. The program administrator is a term used to represent the party that is responsible for safeguarding the maintenance and renewals plan and for overall coordination, management and supervision of the maintenance activities. The program administrator is essentially the timekeeper and the gatekeeper of the maintenance and renewals program. The program administrator requires certain skills and resources in order to manage the recommendations of the maintenance and renewals plan. The following are some of the potential candidates for this role:

the property manager

a committee of volunteer owners, or

a third-party consultant.

It is most common for the property manager to have the responsibility for implementing the maintenance and renewals plan. However, increasingly there is recognition that the custodian role is complex and requires particular knowledge and skills to be undertaken effectively.

Maintenance and renewals manual.

The maintenance

manual provides

instructions regarding

what needs to be done.

The maintenance

plan sets out the

tasks in an organized

manner. The mainte-

nance program

coordinates the resources

to achieve the plan.


[email protected]

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37 unit condominium balcony repair

100 unit condominium repair of siding, windows, grading and landscaping


This helpful, easy-to-use, online resource is available from the Homeowner Protection Office (HPO) website at www.hpo.bc.ca. Savvy homebuyers are using it to make more informed purchasing decisions.

The New Homes Registry provides free access to find out if a home has a policy of home warranty insurance and is built by a Licensed Residential Builder, or whether its built without home warranty insurance. Homebuyers can obtain valuable information such as the name and contact number of the warranty provider, the builders warranty number and whether an owner-built home can be legally offered for sale.

Every new home built for sale by a Licensed Residential Builder in British Columbia is protected by mandatory third-party home warranty insurance. Better known as 2-5-10 home warranty insurance, this coverage includes: two years on labour and materials, five years on the building envelope (including water penetration), and 10 years on the structure. Its the strongest system of construction defect insurance in Canada.

For free access to the New Homes Registry visit the Homebuyers section of the HPO website.

www.hpo.bc.ca Toll-free: 1-800-407-7757

Email: [email protected]

Buying or building your own home? Find out about your rights, obligations and information that can help you make a more informed purchasing decision.

Visit the B.C. governments Homeowner Protection Office (HPO) website for free consumer information.

Services

ResourcesResidential Construction Performance Guide

warranty insurance claimBuying a Home in British Columbia GuideGuide to Home Warranty Insurance in British ColumbiaMaintenance Matters bulletins and videos

Consumer Protectionfor Homebuyers

New Homes Registry Keeps Homebuyers Informed

choa Journal | Spring 2013 25

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draft 3 feb 19, 2013

MINUTES OF THE CHOA ANNUAL GENERAL MEETING OF SATURDAY APRIL 28, 2012 Executive Airport Plaza Hotel, 7311 Westminster Hwy, Richmond, BC 1) Call the meeting to order by Broc Braconnier President at 12:45pm For the purposes of the meeting, procedures are conducted in accordance with the CHOA bylaws and Robert's Rule of Order 10th Edition. Notice issued March 28th, 2012. The Board of Directors & Staff were introduced by Broc Braconnier Report of the Quorum: Under bylaw 16, a quorum is 3 strata corporation members present in person or by proxy. There being 75 Strata corporation members represented, a quorum is present and the meeting is certified to proceed. 2) Approval of the Agenda: Motion by: LMS1965 2nd by: VIS5081 Carried unanimously 3) Motion to approve the minutes of the April 16, 2011 AGM as published in the Annual Report under Column 1 & 2 of the first page of the report. Motion by: VIS 5081 2nd by: VR 228 Carried Unanimously

4) Financial Report: Tony Gioventu, Executive Director of CHOA and Treasurer Iris McEwen delivered the financial report for the year ending 2011. 5) Approve the proposed budget for 2012: Motion by: KAS1965

2nd: KAS518 & NW 2502 Carried Unanimously

6) Nomination and Election of CHOA Board members: Continuing for a 2nd year of a 2 year term: Heinz Maassen NW955 Broc Braconnier KAS 1884 Bill Thorburn VIS5081 Daryl Foster VIS 2168 Colleen Smith BCS 318 Jeannie Pearce NW3258 Nominations received as of 5pm Friday April 27, 2012 are: Marion Mitchell LMS 358 Mary Stojanovic VR 53 Eli Mina BCS1871 Keith Davis VIS2044 David Carter LMS1383 Iris McEwen LMS1965 There being no other nominations received, motion to elect those as nominated for a 2 year term. Motion by: LMS 3258

2nd: NW 518 Carried unanimously

Adjourn the meeting by: Motion by: LMS 3258

2nd: NW 518 Carried unanimously

Meeting Adjourned at 1:03pm

ANNUAL GENERAL MEETING 2013

AGM AGENDA Date: Saturday, April 13, 2013 Location: Coast Bastion Inn 11 Bastion St Nanaimo, BC

Registration 12:00 noon Call to Order 12:45pm Approval of the Agenda Approval of minutes from the April 28, 2012 AGM Financial Report 2012 Adopt the proposed Budget 2013 Nomination and Election of new Directors Adjourn

AGM INSTRUCTIONS Registration: 12:00 noon CHOA AGM: 12:45-1:00 pm If you are attending the AGM: Bring your completed Proxy Form for the convenience of registration and record keeping. If you are not a council member, you must have a proxy form from your strata council to be authorized to vote on behalf of and represent the strata corporation. If you are not attending: Please complete the enclosed Proxy Form and mail or fax to CHOA or download a copy from the CHOA website, complete and return a scanned copy by email to: [email protected] If you are nominating a new Director: Please complete the enclosed nomination form and mail or fax it to CHOA. All forms must be signed and returned to the CHOA office no later than 3:00pm April 12, 2013

Date of Notice: March 13, 2013

NOTICE OF CHOA ANNUAL GENERAL MEETING 2013



2011 2012 2012 2013

Actual Budget Actual Budget

REVENUE

Advertising - CHOA Journal & Subscriptions $112,471 $110,000 $131,073 $120,000

Publications 7,482 $12,000 23,723 $12,000

Seminars, Workshops, Conference Room 53,486 $55,000 80,839 $55,000

Land Titles Services 2,573 $2,000 1,838 $2,000

Revenue from Activities $176,012 $179,000 $237,473 $189,000

Membership - Corporate $390,450 $400,000 $413,753 $410,000

Membership - Associate/Subscribers* 09/10 15,475 19,000 14,956 16,000

Membership - Business 53,325 48,000 61,255 52,500

On site advisor Services 18,074 15,000 17,651 15,000

Grants and Research 32,382 15,000 33,166 30,000

Annual General Meeting / Sponsorship 0 15,000 16,367 10,000

Interest earned 704 1,000 996 3,500

Revenue from Operations $510,410 $513,000 $558,144 $537,000 TOTAL REVENUE $686,422 $692,000 $795,617 $726,000

EXPENSES

CHOA Journal $69,296 $70,000 $76,349 $82,000

Land Titles Services 2,714 2,000 2,270 2,000

Publications 4,366 8,000 14,157 8,000

Seminars & Workshops 26,061 $30,000 45,100 $30,000

Grants and Research 21,700 $5,000 25,977 $10,000

Subtotal Activities Expenses $124,137 $115,000 $163,853 $132,000

Advertising and Marketing $3,696 $5,000 $5,040 $5,000

Amortization 3,202 8,000 2,637 6,000

Annual General Meeting 1,025 10,000 14,051 5,000

Audit and Accounting 5,357 5,000 5,070 5,000

Executive Director/Advisor Travel Expenses 13,481 8,000 9,177 8,000

Bank Charges 5,395 5,000 5,125 5,000

Directors Expenses 5,178 7,000 8,738 9,000

Interior / Island Office 21,246 22,000 21,579 25,000

Equipment Rental 5,554 6,000 8,574 7,000

Insurance 7,140 7,500 7,200 7,500

Legal 146 500 381 500

Office Rent & Utilities 27,307 26,500 26,830 28,000

Office Supplies & Sundry 16,057 14,000 11,938 14,000

Office Wages & Benefits 441,931 410,000 444,708 440,000

Postage 9,866 12,000 10,743 12,000

Telephone and Fax 14,519 15,000 13,634 15,000

Training, Recruitment & Prof Dev. 2,225 2,000 412 2,000

Subtotal Operating Expenses $583,325 $577,000 $595,837 $594,000

TOTAL EXPENSES 707,462 $692,000 759,690 $726,000

TOTAL EXCESS OF REVENUE OVER EXPENSES

$(21,040*)

$ 0

$35,927 $ 0

YEAR ENDED DECEMBER 31, 2012 & PROPOSED BUDGET 2013

Statement of Operations


March 1, 2013

The support and research partnership with the Homeowner Protection Office, which is a division of BC Housing, enabled our association to deliver a substantially greater number of seminars and workshops in the province in 2012. In addition to the regularly schedule sessions, we were also fortunate to be able to deliver seminars in the Kootenay and the North Coast regions, and an extensive number of public information seminars across the province for Depreciation Reports. With the coming deadline of Depreciation Reports December 13, 2013, and the introduction of disclosure requirements of parking spaces and storage lockers as part of the Form B Information Certificates, strata corporations are facing a much greater obligation for coordinated asset and document management. Research and development of new information guides, information programs, seminars and workshops, and resource materials for consumers is a significant part of the services that CHOA provides. CHOA is proud to be a continued partner and participant in research and development with: The Province of British Columbia, BC Housing, The Homeowner Protection Office, The Real Estate Council of BC, The Building Research Council of BC, FORTIS, Metro Vancouver, The City of Vancouver, The City of New Westminster, the Capital Regional District, and the Kelowna Regional District. Look for new info bulletins in 2013 on: Electric Vehicle Charging Stations, Parking Spaces & Storage Lockers, Asset Management Planning, Financial Reporting, Energy Efficiency Upgrades, and a launch of the CHOA You Tube Channel hosting information clips on strata operations. Tony Gioventu Executive Director

Suite 305 15127 100th Avenue Surrey, BC Canada V3R ON9

Telephone: 604-951-9891 Telefax: 604-951-9892

ALLOCATION FOR CAPITAL ASSETS

2012 2011

Computer HD Soft 4,979 5,124

Equipment & Furniture 3,967 4,959

8,946 10,083

Capital Purchases for Year 2013

Computer Upgrades - Server $10,000

This information is taken from the Condominium Home Owners Association

annual financial statement.

FUNDING PARTNERSHIPS 2012-2013

CHOAs education and research programs are made possible by the generous support of the Homeowner Protection Office (HPO) CHOA AGM SPONSOR 2013

STATEMENT OF FINANCIAL POSITION

December 31 2011 2012

Assets

Current Cash and term deposits

$ 268,777 $ 293,811

Accounts receivable 63,266 90,263 Inventory 2,903 3,897 Prepaid expenses 5,494 7,894 349,440 395,865 Capital Assets 10,083 8,946 $ 350,523 $ 404,811

Liabilities and Net Assets

Current Accounts payable $ 29,056 $ 65,511 Deferred revenue 67,983 100,420 Payroll Liabilities HST Payable

*52,147 3,574

-

- 5,190

-

152,760

171,121

Net assets 197,763 233,690



PRESIDENTS MESSAGE APRIL 2013 This past year was once again a successful year for CHOA. Focusing on consumers and the needs of the entire strata community throughout British Columbia, CHOA administered numerous research projects, participated on several governmental policy initiative committees and contributed to several educational programs. From green building initiatives, to energy efficiency, to changes in strata legislation, CHOA always puts the needs of its members and the entire strata community first. Education has always been, and will remain, a priority for CHOA. This past year the association focused on educating strata corporations on the value of completing a depreciation report. 2012 was the first year of the two year implementation period before depreciation reports become mandatory on December 13, 2013. To assist strata corporations in understanding this new requirement CHOA offers on-site depreciation report information sessions, educational programs, written resources and advisory services. These services will continue throughout 2013 as BCs strata corporations become acquainted with the need to complete a depreciation report. It should be noted a strata corporation with less than five units is exempt from the requirement for a depreciation report, plus a strata corporation by vote may opt out of the need to complete a depreciation report. Details are posted on the CHOA website. Another hot topic throughout the strata community is a strata corporations ability to resolve disputes. Strata property residency represents the largest percentage of homeownership within BC which is often complicated to administer

and has the potential for conflict. The strata community is currently limited in their options for resolving disputes to the court system or an unregulated arbitration system that often requires costly legal assistance and frequently results in time delays with few disputes being resolved. CHOA is working with provincial policy makers to develop the Civil Resolution Tribunal (CRT) and is committed to developing new, effective methods to resolving disputes in strata corporations. As President of the CHOA Board of Directors it is my pleasure to recognize the hard work of our association. Our offices field several hundred calls and over 200 emails a day, demonstrating a need for the high quality of service CHOA provides. All of CHOAs successes and accomplishments are a direct result of the dedication of the entire staff, lead by Executive Director Tony Gioventu. It is also my pleasure to recognize the commitment of CHOAs Board of Directors - once again it has been my pleasure to work with each of you. Respectfully submitted,

BROC BRACONNIER

STATISTICS

Seminars - 2012

Half day seminars........................... 24 Full-day seminars ........................... 32 Total .............................................. 56 Total # of attendee..................... 3,160 Public Forums Depreciation Reports...................... 30 Managers PAMA Sections ........... 6 Total # of attendees ................... 2,949

TOTAL # OF SEMINARS............. 92 TOTAL # OF ATTENDEES..... 6,109*

*includes half day workshop for business members

Membership (approximately, as of Dec. 31/12) Strata Corporations.................... 3,719 Units represented................... 166,204 Associate members....................... 197 Business members ........................ 272

CHOA Journal # quarterly circulation ........... 12,000 CONTACT INFORMATION Lower Mainland Office: Suite 202 624 Columbia Street New Westminster, B.C. V3M 1A5 Tel: 604.584.2462 Toll-free: 1.877.353.2462 Fax: 604.515.9643 Victoria Office: 222-1175 Cook Street Victoria, B.C. V8V 4A1 Tel: 250.381.9088 Toll-free: 1.877.353.2462 Kelowna Office: 26-1873 Spall Road Kelowna, B.C. V1Y 4R2 Tel: 250.868.1195 Toll-free: 1.877.353.2462 Website: www.choa.bc.ca

ANNUAL REPORT 2012

Condominium Home Owners Association of British Columbia A non-profit association serving strata owners since 1976

Website: www.choa.bc.ca / Toll-free: 1.877.353.2462

202-624 Columbia St. 222-1175 Cook St. 26-1873 Spall Road New Westminster, B.C. Victoria, B.C. Kelowna, B.C. V3M 1A5 V8V 4A1 V1Y 4R2 604.584.2462 250.381.9088 250.868.1195

Det

ach

here

:

ANNUAL GENERAL MEETING SATURDAY, APRIL 13, 2013 PROXY

CHOA Bylaws Part 13 Proxies 1 A proxy shall be in writing and signed by two members of the Strata Council of a Strata Corporation Member. No one person can

hold proxies for more than five (5) Strata Corporation Members at either an annual or extraordinary general meeting.

Strata Plan # ___________ # of units _________ # of Votes ________ (please see below)

1 to 50 Strata Lots 1 Vote 251 to 300 Strata Lots 6 Votes 51 to 100 Strata Lots 2 Votes 301 to 350 Strata Lots 7 Votes 101 to 150 Strata Lots 3 Votes 351 to 400 Strata Lots 8 Votes 151 to 200 Strata Lots 4 Votes 401 to 450 Strata Lots 9 Votes 201 to 250 Strata Lots 5 Votes 451 and over Strata Lots 10 votes

We, the Council of Strata Plan # _____________ _, designate to act as our Proxy at the CHOA AGM to be held on April 13,

2013___________________________________________________________________________________________ or _CHOA_Director_

1) Strata Council Members Name: __________________________________________________________________________________

Signature: ___________________________________________________________ Date: __________________________________

2) Strata Council Members Name:___________________________________________________________________________________

Signature: ___________________________________________________________ Date: __________________________________

Please select your direction to the proxy holder for the budget resolution

1. Adopt the proposed budget for year 2013

______ In Favour _____ Against ______ Abstain

ANNUAL GENERAL MEETING SATURDAY, APRIL 13, 2013 CALL FOR DIRECTORS NOMINATION

This is a call for nominations for members to serve on the Condominium Home Owners Association of B.C. Board of Directors. Eachnomination must include the name, address, and Strata Plan Number of each nominee, and the nominees signature, indicating a willingnessto serve if elected.

I / We as members in good standing with the Condominium Home Owners Association of B.C.,

Nominate: ___________________ (Last name) _________________ (First name) __________ (Strata Plan #) as a candidate for Director:

____________________________ (Signature) __________________ (Date)

Nominated by: _______________ (Last name) _________________ (First name) __________ (Strata Plan #)

Nominee Information: Phone #: ____________________ (Home) ______________________ (Business) _____________________ (Cell)

Home Address: ____________________________________________________________________________________________________

Email: ___________________________________________________________________________________________________________

Acceptance by Nominee: _________________________ (Signature) ________________ (Strata Plan #) _______________________(Date)

If you are not attending please mail, fax, or scan and email this form to CHOAs Office, to be received no later than 3 pm, April 12, 2013 ~ 604-515-9643 or [email protected]



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Who is helping you reduce your maintenance fees?Maintenance is our core business. We want to save you money through improved HVAC maintenance. It is our goal to reduce your cost and improve your comfort and the reliability of your systems. We are so confident, we will guarantee the yearly cost of maintenance, service and repairs.

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STRATA PROPERTY ACT

written and edited by:Cora D. Wilson, LL.B.Antonio Gioventu

STRATA PROPERTY ACTA Practical Guide to BylawsA Practical Guide to Bylaws

February20125th Edition!

$60.00 plus HST,shipping and handling

Tel: (250) 741-1400Fax: (250) 741-1441630 Terminal Avenue N.Nanaimo, BC V9S 4K2

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Tel: (604) 584-2462TF: (877) 353-2462

Fax: (604) 515-9643#202 624 Columbia St.

New Westminster, BCV3M 1A5

[email protected]

Written by Cora Wilson, LL.B.and Tony Gioventu

Every Strata shouldhave a Copy!

Name: __________________________________

Address: _________________________ City:______________ Postal Code: ___________

Tel: ____________________ Fax: _________________ Email: _____________________

Cheque enclosed VISA Mastercard Amount: ________________

VISA/Mastercard: __________________________________ Expiry: ________________

Signature: ________________________________________

STRATA PROPERTY ACTSTRATA PROPERTY ACTA Practical Guide to BylawsA Practical Guide to Bylaws

This comprehensive guide provides a step-by-step, do-it-yourself format for the preparation of bylaws. It includes a detailed description of every stage of the bylaw process such as:

How to deal with owners What bylaws to consider How to draft bylaws How to present bylaws at general meetings How to register bylaws

The guide reviews the statutory Standard Bylaws and manyprovisions of the Strata Property Act and regulations. It also coversadditional bylaws for rental, age, interest and many other matters.

Bylaw drafting is an art. The guide is an invaluable tool for everyone dealingwith a Strata Corporation, but it is not a substitute for legal advice. Legal

advice should always be sought to ensure that your proposed bylaws are legally valid and enforceable.


CHOA SPRING 2013 STRATA EDUCATION PROGRAM

The CHOA Spring 2013 courses focus on:

#1) The Basics of Strata Accounting, Finance & Funding #2) Insurance Strata Corporation, Council, Owners, Tenants

#3) Conducting Hearings & The Personal Information Protection Act

The curriculum of each course has been designed to provide a complete reference to the Strata Property Act, Regulations, Schedule of Standard Bylaws, and interrelated legislation that has an impact on strata corporations in BC. For seminar locations, topics and

registration details please visit the CHOA website at http://www.choa.bc.ca/seminars.html.

Fees: daytime seminars are $60 first registrant, $30 each additional registrant; evening seminars are $30 each registrant.

Due to the popularity of workshops, pre-payment and pre-registration are required. Seating is limited so register early.

RICHMOND #1, #2, #3 Saturday, March 02, 2013 9:00 am - 3:00 pm Kwantlen Polytechnic University

NORTH VANCOUVER #1 Tuesday, March 05, 2013 7:00 pm - 9:00 pm Braithwaithe Community Centre

VANCOUVER #1 Wednesday, March 6, 2013 7:00 pm - 9:00 pm Vancouver Public Library



VICTORIA #1, #2, #3 Saturday, March 16, 2013 9:00 am - 3:00 pm Comfort Hotel



COQUITLAM #1, #2, #3 Saturday, March 23, 2013 9:00 am - 3:00 pm Best Western Coquitlam Inn

SECHELT #1, #2, #3 Saturday, April 06, 2013 9:30 am - 1:30 pm Seaside Centre

NANAIMO (AGM) #1, #2, #3 Saturday, April 13, 2013 9:00 am - 3:00 pm Coast Bastion Inn

NEW WESTMINSTER #1 Tuesday, April 16, 2013 7:00 pm - 9:00 pm CHOA Conference Centre

ABBOTSFORD #1, #2, #3 Wednesday, April 17, 2013 9:00 am - 3:00 pm Ramada Plaza

SURREY #1, #2, #3 Saturday, April 20, 2013 9:00 am - 3:00 pm Kwantlen Polytechnic University


VICTORIA #1, #2, #3 Thursday, April 25, 2013 9:00 am - 3:00 pm Comfort Hotel


PENTICTON #1, #2, #3 Saturday, May 04, 2013 9:00 am - 3:00 pm Days Inn

NELSON #1, #2, #3 Monday, May 06, 2013 9:00 am - 3:00 pm Best Western Baker St Inn

CRANBROOK #1, #2, #3 Tuesday, May 07, 2013 9:00 am - 3:00 pm Heritage Inn

KAMLOOPS #1, #2, #3 Thursday, May 09, 2013 9:00 am - 3:00 pm Kamloops Convention Centre

VERNON #1, #2, #3 Friday, May 10, 2013 9:00 am - 3:00 pm Prestige Inn

KELOWNA #1, #2, #3 Saturday, May 11, 2013 9:00 am - 3:00 pm Ramada Inn

FORT ST JOHN #1, #2, #3 Thursday, May 23, 2013 9:00 am - 3:00 pm Quality Inn Northern Grand

PRINCE GEORGE #1, #2, #3 Saturday, May 25, 2013 9:00 am - 3:00 pm Coast Inn of the North

COURTENAY #1, #2, #3 Saturday, June 01, 2013 9:00 am - 3:00 pm Crown Isle Resort

www.choa.bc.ca


Seminar Description Spring 2013All sessions include information on updates to the Strata Property Act.

#1 The Basics of Strata Accounting , Finance & Funding

Understanding:

The different types of bank accounts and accounting that must be reportedWhy funds must be accounted for separately The basic requirements of a Financial Statement and what reporting is required How to read & understand a financial statement How to administer collections and report them in the financial statement A review on how strata fee and contingency contributions are reported in the AGM notice A review on the procedures of reporting special levy accounts and determining when a project is complete for refunds. The relationship between the minutes of the strata corporation, collections and financial reportsThe options to pay for major projects: CRF expense, Special Levies, or Strata Corporation Loans Managing your contingency reserve funds and investment cycles. Options for investment permitted and best practices to protect the corporation against loss or fraud, and reporting to the strata corporation. Completing a Form B Information Certificate and a Form F Payment Certificate

Please bring the most recent financial statements of your strata to this seminar.

#2 Insurance Strata Corporation, Council, Owners, Tenants

Understanding:

Definitions of Insurance: o Common Property o Common Assets o Fixtureso Betterments The different types of policies: o Strata Corporation o Strata Lot owner/tenant o Vehicle Policy o Construction warranties o Commercial Use o Sectionso Air Parcel Agreements o Bare Land Strata Minimal levels of insurance for general liability, property coverage, appraised values Optional Coverage: o Errors and omissions o Human Rights claims o Illegal drug activity o Earthquake insurance How deductable amounts are determined The cause of higher risks and higher rates What documents and materials a strata must report to the owners and tenants Who and what is covered by the strata corporation policy? Who pays the cost of claims and deductibles, and how the decisions are made by the strata council, documented and create a collection process? How a strata may collect the deductableWhat happens when a tenant causes a claim?

#3 Conducting Hearings & The Personal Information Protection Act

Part 1 of the session will be a practical hands on process for strata councils to understand the process and requirements of conducting hearings for:

Bylaw complaints o Rental violations o Age restrictions o Pet complaints o Noise/Nuisance o Unauthorized alterations Alteration requests Hardship exemption applicationsHearings demanded by owners or tenants

Each scenario will include a step by step understanding of the process:

When the strata corporations receives a request for a hearingWhen the hearing must be heldWhat happens during the hearing? What follow up is required after the hearing?

Part 2 of the session will review the Personal Information Protection Act for Strata Corporations and include the type of information strata corporations collect, how it is managed, what may be released, what must be protected, and the administration of personal information and bylaws in the event the strata corporation conducts any type of surveillance.

Added Session:

What to Know About Parking Spaces and Storage Lockers Effective Jan 1st 2014


STRATA LAW GROUP

Robson Court840 Howe Street, Suite 1000Vancouver, BC + V6Z 2M1

Added experience. Added clarity. Added value.

Miller Thomson LLP

millerthomson.com

VANCOUVER C A L G A R Y E D M O N T O N S A S K AT O O N R E G I N A L O N D O N K I TC H E N E R -WAT E R L O O G U E L P H TO R O N TO M A R K H A M M O N T R A L

The lawyers of Miller Thomsons Strata Group have extensive experience and in depth familiarity with the legal requirements of the strata community. Through practical and cost-effective solutions we help you achieve your business objectives.

Our services include:

For more information, contact:

Michael Walker 604.643.1288 [email protected]

Lynn Ramsay, Q.C.Michael WalkerJennifer SpencerSharon MacMillan


Many strata projects need commercial agreements such as licences, loan or cost-sharing agreements, easements, or leases for their operations.

These agreements: create obligations

allocate responsibility for risks

can impact depreciation reports and future costs

Protect your Strata:

Get ExperiencedLegal Advice

1010 The Burrard Building | 1030 West Georgia Street | Vancouver, BC Canada | V6E 2Y3Tel: (604) 688-9337 | Fax: (604) 688-5590 | www.remediosandcompany.com

David A. LidenEmail: [email protected]

Tel: 604 688-9337, ext. 307

REMEDIOS & Co. BARRISTERS & SOLICITORS

T: 604.971.5435F: 604.971.5436

We Deliver Peace of Mind.

POWERSTRATA.COM

For Strata Councils & Strata Managers


Kemp Harvey Goodison Hamilton Inc. Certified General Accountants

#1034430 Halifax Street, Burnaby BC telephone: 604-291-1470 fax: 604-291-0264

[email protected]

www.khgcga.com

Accounting and Auditing Bookkeeping Management and Advisory Services Corporate and Personal Taxation

We offer a full range of Audit Services for your stratas needs.

We provide superior service to Strata Corporations of all sizes We understand the priorities and concerns of Strata Councils Our core values are ,

, and

Speak with one of our many experienced Certified Reserve Fund Planners to assist your strata Depreciation Reports and Reserve Fund Studies Financial Funding Analysis Life Cycle Analysis Insurance Appraisals and Depreciation Report

Combo Pricing CRP Members Comprise 70% of Our Staff Appraisal Institute of Canada and Real Estate

Institue of Canada Members in Good Standing


The Condominium Home Owners Association A non-profit association serving strata owners since 1976

800-001 (Feb 2013)

For more information on CHOA resources and benefits visit www.choa.bc.ca

or contact the office at 1-877-353-2462 or email [email protected].

No part of this publication may be reproduced without the prior written permission of CHOA

Page 1

What you need to know about: Parking Spaces and Storage Lockers January 1, 2014

Effective January 1, 2014, under the Strata Property Act and Regulations, upon request of a Form B Information Certificate, strata corporations will be obliged to disclose the designation of parking and storage lockers and how they are allocated to a strata lot.

How is parking allocated? In British Columbia we have several different types of strata corporations, all with variations of use and allocation of parking. In addition to the listed types of strata corporations, each strata property may administer the use of their parking and storage lockers in a different manner based upon the bylaws or rules of the strata corporation, and the assignments of parking created by the owner developer when marketing strata properties.

Common Property Is any part of the strata plan that is not part of a strata lot or designated as limited common property. The use and allocation of common property is established through the bylaws or rules of the strata corporation, a lease or license issued by the owner developer over the common property, or an easement or right of way which assigns other strata corporations use and access of the common property when multiple strata corporations share a single parking garage. This may include owner developer leases or licenses, or a short term exclusive use assignment under section 76 of the Strata Property Act.

Limited Common Property (LCP) Is any part of the strata plan or a Common Index Land Title filing that identifies a certain area of strata common property as limited common property for the exclusive use of one or more strata lots which may also apply to parking spaces and storage lockers. If the limited common property has been created by the owner developer, it may only be amended by a unanimous resolution of the strata corporation at an Annual or Special General Meeting. If the Limited Common Property has been designated by the strata corporation by a vote at an Annual or Special General Meeting, the designation may be amended by the strata corporation under the same procedures. The registered strata plan or the Common

Property/General Index will show the filing of Limited Common Property designations and any easements or covenants and will include the diagram or sketch plan of the designations.

Strata Lot Is any part of the registered strata plan that is identified with boundaries as part of a strata lot or a separate strata lot. In addition to parking areas that are identified as part of a strata lot, there may also be additional parking in a strata corporation available for additional vehicles on a user fee system, visitor parking and specially designated parking areas for special needs residents and vehicles and locations for electric vehicle charging stations. A parking space strata lot may also be sold separately or allocated by lease or license if the parking area is in a separate strata corporation. These are commonly found in multiple strata corporations that share a single parking garage where the parking garage is part of one strata corporation, but the other strata corporations share use, assignment or ownership of parking as a result of an air space parcel agreement.

Important: Always consult the registered Land Title documents to determine the designation of parking spaces and storage lockers, and the registered bylaws and rules of the strata corporation to understand the allocation procedures, if any apply.



#4 1365 Johnston Road, White Rock, B.C. V4B 3Z3T: 604 538-8239 F: 604 538-8439