36019 choa march issue:layout 2when outsourcing your preventive maintenance program, ask if your...

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

MARCH 2008

Features:• Preventive Maintenance Plan

• Strata Corporations Use of Proxies

• Smoking in Stratas Survey

CHOA AGM Symposium

April 12, 2

008

UBC Robson Square

www.choa.bc.ca 1.877.353.2462

Features:• Preventive Maintenance Plan

• Strata Corporations Use of Proxies

• Smoking in Stratas Survey

2 CHOA Journal | December 2007

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Toll - free: 1-800-407-7757Email: [email protected]: www.hpo.bc.ca

A S S I S TA N C E toC O N D O O W N E R S

For more information contact the Homeowner Protection Office:

The Homeowner Protection Office provides free, up-to-date information to assist homeowners andhomebuyers. This information includes:

• Options for Resolving Residential ConstructionDisputes guide

• Application packages for interest-free repairloans and the PST Relief Grant for owners ofleaky homes

• Buying a New Home: A Consumer Protection Guide

• Managing Major Repairs – A Condominium Owner’s Manual (available online)

• A registry of Licensed Residential Builders andbuilding envelope renovators.

CHOA Journal | March 2008 3

Risk Management is all about propermaintenance, repairs and operationsto prevent building disasters, special

levies and mismanaged liabilities that resultin insurance claims, lawsuits and wastedmoney on deferred projects. Just when youthought we saw the end of building problemswe are now beginning to discover that largematerial quantities of drywall finishing inthe 70's and 80's may contain asbestos. Forthe most part the concentrations may besporadic and isolated with little safetyimpact; however, it does cause us to seriouslyassess how renovations, alterations andinsurance restorations are being conductedwithin our condos and townhomes.

In the June issue of the Journal we will befeaturing a new WorkSafe BC researchbulletin that CHOA has developed over thepast year. Whether we like it or not, everystrata is a business, and as a business weare all obliged to comply with provinciallaws and regulations. Those includeregulations to protect workers on our sites,local government bylaws and regulationsrequiring building permits and inspectionsfor construction and mechanical andplumbing alterations, employmentstandards for treatment of our onsitecaretakers, cleaners and managers, andmandatory obligations for the filing ofannual tax returns.

Whether you discover a bylaw that isunenforceable, a neglected leaking roof, acracked front sidewalk that is a danger, mouldor asbestos, or an unauthorized structuralalteration in your building, you have a dutyas a strata corporation to manage the riskand remedy the problem before your ownersinvestment or health are placed at peril.Every strata corporation must keep updatedannually on changes in legislation, updatesin safety requirements, bylaw reviews, anda general review of the facilities to ensurethey are managing their risks.

Part of CHOA's activities in the past 2 yearshas been the holding of regional advisorycommittee meetings. The result was a policysubmission paper and meeting with theMinister of Finance in the Fall of 2007.Each of the coming issues of the Journal willcontain a survey addressing separate issuesfrom the hearings. It is critical that yourvoice is heard as we work with the provincialgovernment in seeking changes in theStrata Property Act & Regulations. Pleasetake a few moments to complete the surveyand mail or fax it back to the CHOA office.Do not include any personal information inthe document as this information will beshared with the Ministry of Finance andother bodies reviewing the Strata PropertyAct & Regulations.

Risk Management

Antonio (Tony) Gioventu, Executive Director

3 Risk Management

7 PreventiveMaintenance Plans:The Cornerstone of Longevityfor Heating, Ventilating andAir Conditioning Systems

13 The Case of theUnauthorized Alteration

15 Insurance Checklists

17 What MembersNeed To Know

19 Emergency PlanningChecklist

19 Signs ofWater Problems

21 Smoking in StratasSurvey

22 CHOA Business Members

27 Strata CorporationsUse of Proxies

INSIDE THIS EDITION

CONDOMINIUM HOMEOWNERS’ ASSOCIATION OF BCThe Condominium Home Owners’Association of BC promotes theunderstanding of strata property livingand the interests of strata propertyowners by providing: advisory services;education; advocacy; and resourcesupport for its’ members.

Contact the CHOA Office:

Tel: 604-584-2462Fax: 604-515-9643Toll-Free: 1-877-353-2462Website: www.choa.caE-mail: [email protected]

Suite 202 – 624 Columbia StreetNew Westminster, BC V3M 1A5

CHOA JOURNALThe CHOA Journal is published quarterlyby the Publisher.

DISCLAIMERThis publication is designed to provideinformative material of interest to itsreaders. It is distributed with theunderstanding that it does not constitutelegal or other professional advice.Although the published material isintended to be accurate neither we norany other party will assume liability forloss or damage as a result of reliance onthis material. Appropriate legal advice orother expert assistance should be soughtfrom a competent professional. Theservices or products of the advertiserscontained in the CHOA Journal are notnecessarily endorsed by the CondominiumHome Owners’ Association.

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

Tel: 604-584-2462Fax: 604-515-9643

MEMBERSHIP INQUIRIESNew members are always welcome.Contact CHOA for more information.

CHOA BOARD OF DIRECTORSBill Miller, President – LMS1000Silvana Trotter, Past President – NW48Broc Braconnier, Vice President – KAS1884Evelyn Barry, Treasurer – NW1370Chris Rogerson, Secretary – LMS600

Karen Davidson – LMS2851Heinz Maassen – NW955

Marion Mitchell – LMS358Mary Stojanovic – VR53

Emma Thibodeau – VAS0024Ted Tufford – NW3160Sonia Williams – VR 204Don Winchester – NW57Allyson Baker, Business Member

Doug Correa, Business Member

Adrienne Murray, Business Member

STAFFTony Gioventu, Executive Director

Geraldine Gin, Accounting & Reception

Heidi Marshall, Communications Officer

Lynne Arling, Advisor Interior

Sharon Kelly, Advisor Vancouver Island

Deanna Ferguson, Membership Co-ordinator

Tom Carr, Advisor Lower Mainland

Website: www.choa.ca Member’s Password: pine

4 CHOA Journal | March 2008


CC&C Property Group Ltd.

Professional Strata Propery Managenment

Suite 304 - 123 East 15th Street North Vancouver, BC V7L 2P7

www.cccm.bc.ca

Telephone 604-987-9040Fax 604-987-9045

Email [email protected]

Knowledgeable, Effective and CourteousFully licensed, insured and bonded. Since 1996

• Pressure Washing

• Traffic Line Marking

• Industrial Painting

Fax: 604-460-6582Visit us at www.titanpainting.ca

• Int. & Ext. Painting

• Drywall Repairs

• Texture Ceiling

Liability & WCB Insured

www.strataagents.com

B u i l d i n g E n v e l o p e C o n s u l t a n t [email protected] www.aqua-coast.com

• Building Envelope Condition Assessments• Building Envelope Engineering• Project Administration• Rehabilitation Design / Specifications• Maintenance Programs• Waterproofing Systems

Aqua-Coast Engineering Ltd.Tel: 604-575-8220 Fax: 604-575-8223

#233 – 18525 – 53rd Ave., Surrey, BC V3S 7A4


Your heating and cooling systemsare a big responsibility. Yourresidents, tenants, and employees

depend on it daily for comfort and safety.It represents a significant financialinvestment both in the operating budgetand in the reserve fund. Mechanicalsystems are complex and requirespecialized skills to understand andmaintain. Procrastinating about theirmaintenance needs can be costly.Ultimately, if not properly maintained,your heating and cooling system can be acontinuous source of problems. Thereare 4 types of maintenance:

No maintenance – reactive in nature,when equipment breaks a servicecompany is called to fix the problem

Haphazard maintenance – often done byin-house staff who may or may not havetraining or adequate time or a sufficient plan

Deferred maintenance – minormaintenance tasks are performed but majormaintenance and repairs are deferred, oftendue to a perceived lack of adequatefunding. This short term lack of funding isultimately more expensive as the systemsare damaged further as time goes on

Predictive maintenance with trendanalysis as described below. Considerthe following checklist for PredictiveMaintenance. Do you:

• Perform scheduled preventivemaintenance?

• Have a stable, budgetable cost forannual maintenance?

• Have a source for fast reliableemergency service?

• Set aside emergency funds for majorequipment repairs in addition to thereplacements provided for in thereserve fund?

• Have specialized, in-housemaintenance personnel?

• Monitor and record maintenancetasks?

• Stock tools, supplies andreplacement parts?

• Have a refrigerant managementprogram in place?

• Use an Energy Star approvedprogram for maintenance?

All of these questions, if answered inthe affirmative will contribute to a well runbuilding. Comprehensive maintenancewill include:

• Inspection and Testing• Preventive Maintenance including

extensive cleaning activities,calibrating, lubricating, aligning,adjusting, tightening and touchuppainting

• Repair and Replacement of failed orfailing components and equipment

• Top-Priority Emergency Call ResponseThe above is a typical boiler. An

annual teardown and cleaning withcombustion gas analysis is a part of agood preventive maintenance program.Does your plan include these activities?The American Society of Heating,Refrigerating and Air-ConditioningEngineers Inc (ASHRAE), in Chapter35.4, detail in the components of“Owning and Operating Costs” for abuilding’s mechanical system. It states“The quality of maintenance andmaintenance supervision can be a majorfactor in the energy cost of the building…The type of maintenance program orservice agency that the buildingmanagement contracts for can also havea significant effect on the total HVACmaintenance costs. While extensive orthorough routine and preventativemaintenance programs cost more toadminister, they usually produce benefitssuch as extended equipment life, improvedreliability, and less system downtime.”

ResourcesTo assist building owners and managers,BOMA has designed a program titled“How to Design and Manage YourPreventive Maintenance Program.” R.S.Means has a wonderful resource in their“Facilities Maintenance and Repair Guide.”

Continued on page 8

PreventiveMaintenance Plans:

The Cornerstone of Longevity for Heating, Ventilating andAir Conditioning Systems

By Catherine McKenzie / Bill Aniba Trotterand Morton Facility Services Inc.

Vancouver Office


Continued from page 7

When outsourcing your preventivemaintenance program, ask if yourmaintenance provider is familiar withand follows the guidelines in theseresources. Ask for samples of this

adherence to these guidelines. Stayinformed to keep your building runningreliably and efficiently. Propercommunication with your maintenanceprovider and follow-through onrecommendations is critical for propermaintenance and building systems

performance. Follow the basic proceduresand your complex systems will be wellmaintained. Your systems will have anenhanced lifespan and your residents,tenants and employees will be safe andcomfortable every day.


This year Chatwin Engineering Ltd. celebrates 25 years ofproviding engineering services. Over the past years, ChatwinEngineering has built a solid reputation as one of VancouverIsland’s leading consulting engineering companies. We recentlyexpanded into the Lower Mainland by opening an office inBurnaby.

Chatwin Engineering Ltd. offers the following services:• Building Envelope Condition Assessment• Drainage Assessment / Mould Remediation• New Construction Envelope Services• Detailed Design and Specification• Cost Estimates• Tender and Construction Services• Contract Administration• Certification / Government Liaison• Negotiation Strategies / Expert Witness• Building Envelope Maintenance Inspections• Building Envelope Renewal Plans• Reserve Fund Studies• Due Diligence Surveys• Strata Member Education Programs• Civil Engineering Services• Environmental Services

130-6400 Roberts StreetBurnaby, BC V5G 4C9

[email protected]

1614 Morey RoadNanaimo, BC V9S 1J7

[email protected]

130-1555 McKenzie AvenueVictoria, BC V8N 1A4

[email protected]

www.chatwinengineering.comVANCOUVER TORONTO CALGARY EDMONTON LONDON

KITCHENER-WATERLOO GUELPH MARKHAM MONTRÉAL

Robson Court, 1000-840 Howe StreetVancouver, BC V6Z 2M1

Tel: 604.687.2242Fax: 604.643.1200

www.millerthomson.com

For more information, please contact:

MARI A. WORFOLK604.643.1240

[email protected]

Miller Thomson LLP’s

Condominium Law Group

Bylaw drafting and enforcementStrata reorganizationsStrata fee collectionsDispute resolution and avoidanceStrata governance and meetings

We have extensive experience serving the

legal needs of the strata community. The

services we provide include:

Lynn Ramsay, Q.C.

Mari Worfolk

Michael Walker

Henry Leung

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Adecision to alter common propertywithout the approval of the StrataCorporation proved costly for a

strata lot owner.In the case of Sidhu v. The Owners,

Strata Plan VR 1886, an owner sued theStrata Corporation for allegedlywithdrawing its approval of alterationsto the common property which theowner claimed it had received.

The Strata Corporation counter-claimedagainst the owner on the basis that noapproval for the alterations had been given.

VR 1886 is a mixed use stratacorporation comprised of residential andcommercial strata lots. Mr. Sidhu owneda strata lot from which he operated a dropoff service for drycleaning and laundry.Mr. Sidhu intended to expand his businessto provide cleaning services on site andapplied to the Strata Council forpermission to proceed with renovationsof his strata lot. Although Mr. Sidhuclaimed that at the Strata Councilmeeting in 2004 the Strata Council gavehim permission to proceed withrenovations, the Strata Council insistedthat the approval was only approval inprinciple. At the Strata Council meeting,the Strata Council indicated that theowner must provide professionaldrawings as well as copies of all of thepermits required for the renovations.

Despite the fact that the owner had notprovided the Strata Corporation withdrawings, the owner proceeded to carryout renovations to the interior of thestrata lot as well to the electrical, gas andplumbing systems. In addition the ownercored six holes through the exteriorconcrete wall adjacent to his strata lot topermit venting of steam and otheremissions for his new drycleaning plant.The holes were directly below aresidential balcony.

To determine whether the owners wouldaccept the significant changes that had beenmade to the common property the StrataCouncil put forward a ¾ vote resolution ata general meeting of the Strata Corporation.The owners defeated the resolution.

In an attempt to resolve the issue of thealterations the Strata Council proposedthat the owner and the Strata Councilenter into a “testing protocol” which wouldpermit the owner to operate the equipmentin order for the Strata Corporation todetermine the extent of the emissionsfrom the vents. The owner refused.

When it became apparent to the ownersthat the matter could not be resolved, theowners approved a ¾ vote resolution tobring legal action to have the alterationsremoved. At the same time, Mr. Sidhusued the Strata Corporation for damages.

Although the evidence provided bythe owner conflicted with the evidenceof the Strata Council members, the Judgeaccepted that the owner had attendedonly one Strata Council meeting and atthat time had provided only a preliminarydrawing of the proposed alterations. Thepreliminary drawing did not include anyindication that holes would be cored inthe concrete wall. The Judge concludedthat the owner had been advised at theStrata Council meeting that the approvalwas in principle and that he was requiredto obtain professional drawings andpermits before he could proceed.

The Judge concluded that even thoughthere was no objective evidence aboutthe emissions from the vents, theappearance of the vents and the nature oftheir function, which was to expelemissions from the drycleaning plantwere sufficient to constitute a significantchange in the use and appearance ofcommon property. The Judge agreed withthe Strata Council that a ¾ vote of the

owners was required before such asignificant change in the use or appearanceof common property could occur.

The Judge found that Mr. Sidhu hadbreached the Strata Property Act and thebylaws of the Strata Corporation by makingalterations that required the approval ofthe Strata Council and the owners.

The Judge ordered Mr. Sidhu to providedetailed drawings showing the state ofthe alterations that had been made to theelectrical, gas and plumbing systemswithin the strata lot and the commonproperty. The Judge permitted the StrataCorporation to inspect the systems and, ifthe drawings were not done or were notconsistent with their inspection, the StrataCorporation could obtain new documentsat the owner’s cost. The Judge alsoordered that the Strata Corporation wasat liberty to restore the exterior outsidewall of the development at the sole cost ofthe owner. The owner was also requiredto pay for the cost of restoring thecommon property as well as reimbursingthe Strata Corporation for engineeringexpenses and the legal expenses that theStrata Corporation had incurred prior tothe beginning of the litigation.

The Judge granted a permanentinjunction preventing the owner fromaltering common property in the futurewithout the consent of the Strata Councilor owners depending on the nature of thealteration and ordered that the owner beprevented from dealing with the stratalots by selling or encumbering them untilthe common property, including theexterior vents, were restored.

The Judge ordered the owner to paythe Strata Corporation’s costs of thelitigation at Scale B.

The Sidhu decision emphasizes theimportance for owners to obtain thepermission of the Strata Council and a¾ vote of the owners within the StrataCorporation if the alteration to commonproperty represents a significant changein use or appearance. A failure to do socan prove to be very costly.

Although the Judge did not specificallycomment on the immediate response ofthe Strata Council, once the unauthorizedalterations were observed, it is possiblethat had the Strata Council delayed intaking action, the Judge may not have been

Continued on page 15

The Case of theUnauthorizedAlteration

Adrienne Murray, Law Corporation


Madison Centre700 - 1901 Rosser AvenueBurnaby, BC V5C 6R6

Telephone: 604-294-3301

Toll Free: 1-800-263-3313 www.cmwinsurance.com

We secure competitive priceswith the most comprehensiveprotection for our strataclients and their condominiumunit owners.

We are proud of ourspecialized, dedicated team ofstrata insurance professionals.

We are supported byreputable, committed andstable insurance companies.

Consider CuraFlo®

We’ve been restoring pipes and peace of mind for local building owners since 1996

Call CuraFlo 604-298-7278

One of the important roles of theboard is to protect the strata and

provide safe and secure homes forit’s members.

Protecting the strata is more than justpaying your insurance premiums ontime. Working to manage and reduce therisks that can lead to injuries, damageand unnecessary insurance claims.

This can be accomplished fairly easilyby setting up a program called a RiskManagement Program.

A risk management program is asystem of tracking the insurance claimsand safety and security issues a stratahas dealt with in the past and preparingfor the risks it may have to deal with inthe future. A risk management programprotects your strata by way of prevention.This program will also help you to havethe lowest possible insurance premiums.

Risks can be classified into –preventable and unpreventable types.Unpreventable would be things such as

nature related, i.e.: windstorm, hail,lightning.

A risk management program involves• educating members on how to

protect themselves and their homes

• setting up preventative maintenanceroutines

• planning for emergencies

• reviewing your insurance coverage.

Your strata may or may not be selfmanaged. If you are going to designate amember or several members to handle apreventive maintenance program(make sure your insurance coverageincludes coverage for volunteer accidentcoverage, in the event a designatedmember gets hurt.)

We have included in this issue some ofthe following aids:

1. Signs of Water Problems

2. Emergency Planning Checklist

3. What Members Need To Know

Loss prevention is a very importantissue. It affects you now and in the future,your resale values, your insurancecoverage’s and pride of ownership. Seewhat kind of program your strata hasenacted or should create and then youcan enjoy more peace of mind knowingthat buying your strata unit was the bestdecision you ever made.

Continued from page 13

as willing to order the removal of all of thealterations. If a Strata Corporation wishesto be successful in having unauthorizedalterations removed, the Strata Corporationshould be able to demonstrate that theyacted quickly in advising the owner thatthe alterations were unauthorized.Confirmation that the alterations wouldnot be approved by the owners is alsolikely a significant factor for the Judgewho is being asked to make an order thatthe alterations be removed.


Insurance ChecklistsBy Patrick Smith


BC’sCondo

Advocate

Working for you!

Condo Building Problems?

Contact us for unbiased professional advice

604.940.9322

www.thecondoadvocate.com

Caring for your unit – Membersshould familiarize themselves withsome of the following:

• the need for personal insurance toprotect their contents & liability

• have someone check their unit if theyare going away—(water leaks occur alot during these times)

• close doors and windows—especiallydeck doors (weather changes quickly)

• what goes down the toilet (liquid & solidwaste and toilet paper) and sinks (waste water)

• what does not go down—kitty litter,grease, oils, solvents, food, toys, etc.(actually had a raw chicken get flusheddown a toilet—didn’t work)

• use strainer in the sink and empty theremains into the garbage or compost

• supervise young children using thetoilet. They like to make thingsdisappear—all kinds of things!

• turn off taps (sink, tub, shower ) whenyou are called away to another roomor the telephone rings

• how to shut off and winterize outsidefaucets

• measure laundry detergent carefully asundissolved detergent can and willclog pipes

• keep laundry room drains clear and ingood shape

• ensure that your hot water tanks havea pressure relief valve and that theyhave some sort of drain for dispersingthis overflow water

• maintain water heaters, watersofteners, and sump pumps,


What MembersNeed To Know

LESPERANCE MENDES LAWYERSMEDIATORS ARBITRATORS LITIGATORS

Bylaw EnforcementBuilding Envelope ClaimsHPO Warranty ClaimsDisputes Between Owners

410-900 Howe Street, Vancouver B.C. V6Z 1M2 Phone: 604-685-3567 Fax: 604-685-7505

www.lmlaw.ca

Unsettling Condo Dispute?

Strata CollectionsBylaw DraftingResolution DraftingDisputes Between Stratas

Paul G. [email protected]

John G. [email protected]

dishwasher and washing machineconnections

• stay in the same room when runningnew dishwashers and washing machinesfor the first time, connections nottested may blow!

• keep emergency numbers handy incase of a water crisis—eg: plumber,restoration company, rental companies(for wet vacs)

• inquire if a wet vac is available in thestrata complex to use in emergencies—if not, suggest 1 or 2 be purchased—they are not expensive!

CHOA AGM SYMPOSIUMSaturday, April 12, 2008

UBC Robson Square

CHOA AGM SYMPOSIUMSaturday, April 12, 2008

UBC Robson Square


604.876.3305 www.prostarpainting.com

On TimeOn Budget

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Commercial – Industrial – Strata

649 E 15th Ave. Vancouver, BC V5T 2R6

Exterior/Interior painting & restorations Elastomeric coating - Waterproofing

Pressure washing - Concrete Repairs Wallpaper Hanging - Trim//Molding Work

Caulking - Rotten wood replacement Stucco repair - Spray on Ceiling

Carpet & Flooring Solutions

Effective and timely mediation and arbitration by experienced dispute resolution professionals

Don’t let an unresolved dispute in your Strata affect your life!

Hugh McCall, LL. B, C. Arb. Jill McIntyre, LL.B, C.Arb

Helen Pinsky, LL. B. Carol Roberts, LL.B., C.Arb.

www.pacificdisputeresolution.com 604-696-1996

Pacific Centre for Dispute Resolution Inc.


Emergency PlanningChecklist

Signs ofWaterProblemsYEARLY – INDIVIDUAL UNITOWNERS INSPECTION LIST

CHECK FLOORS, WALLS, CEILINGS,BASEMENTS FOR:

• DAMP SPOTS• STAINS ON CONCRETE• SCALING, FLAKING, PEELING PAINT• RUST ON METAL COLUMNS• WATER MARKS OR ROT ON STAIR WAYS• SEEPAGE AROUND ANY JOINTS

(STRUCTURE, EQUIPMENT, OR PLUMBING)• STAINED, WARPED OR LIFTING OF WALL BOARD• CRACKED OR HEAVED FLOORING• SIGNS OF STAINING, FLAKING, MOLD,

EXCESSIVE CONDENSATION, AROUNDWINDOWS AND DOORS

CHECK BATHROOMS FOR:• TOILETS – THAT ARE LOOSE, CRACKED,

OR ALWAYS RUNNING• TOILETS – WITH POOR DRAINAGE

(NEED TO BE FLUSHED MORE THAN ONCEOR LOW WATER)

• LEAKING FROM FEED LINES, TANK OR BASEOF TOILET

• LOOSE CAULKING OR GROUTING AROUNDTILES, SINKS, SHOWERS

• LOOSE OR CRACKED TILES• ROOF VENTILATION FAN – ENSURE KEPT

CLEAN AND FAN OPERATING• MOISTURE AROUND PIPES INSIDE SINK VANITY,• SWEATY TOILET TANKS COLLECT MOISTURE

AND CAUSE FLOOR DAMAGE AND MOLD.• CHECK SHUT OFF VALVES FOR DRIPPING

CHECK KITCHENS FOR:• SLOW DRAINAGE FROM SINK• CAULKING AROUND SINKS• SIGNS OR SMELL OF MOISTURE UNDER SINK

VANITY• SIGNS OF LEAKING FROM TAPS OR FEED LINES• CHECK SHUT OFF VALVES FOR DRIPPING

CHECK LAUNDRY FOR:• PROPER VENTILATION FOR DRYER• BUILD UP OF LINT IN DRYER VENT HOSE• CLEAN OUT OR REPLACE DRYER VENT HOSE• MOISTURE, DAMPNESS OR SMELLS OF

DAMPNESS

❑ SHUT-OFF VALVES TAGGED THROUGHOUT BUILDING DATED ON:

__________________________________________________________________

❑ MAP OF SHUT-OFF VALVES IS UP TO DATE AND AVAILABLE IN AN

EMERGENCY

❑ EQUIPMENT AVAILABLE (FOR EMERGENCY) LOCATED AT:

__________________________________________________________________

• WET VACUUMS• BUCKETS• PLUNGERS• SNAKES• WRENCHES – CRESCENT TYPE, VARIOUS SIZE WRENCHES, PIPE WRENCH• RUBBER BOOTS (THINK ABOUT ELECTRICITY!)

• RAGS,TOWELS, ETC• FLASHLIGHT – AND SPARE BATTERIES• MISC TOOLS APPLICABLE

• ________________________________________________________________

• ________________________________________________________________

• ________________________________________________________________

❑ LIST OF EMERGENCY NAMES & NUMBERS – WATER RELATED:

• PLUMBER:______________________________________________

• STAFF:__________________________________________________

• MUNICIPAL PUBLIC WORKS: (CITY) ________________________________

• UTILITIES: HYDRO, GAS, ETC. ______________________________________

• ELECTRICIAN: ____________________________________________________

• AMBULANCE & FIRE DEPT:_______________________________

• INSURANCE COMPANY: PHONE: __________________________________

24 HOUR EMERGENCY # __________________

THIS LIST DATED: ______________________________________________________

UPDATED: ____________________________________ (MONTHS) ____________

PERSON ALLOCATED FOR UP-KEEP ______________________________________


YOUR SOURCE FORPROFESSIONAL AND

TECHNICAL ASSISTANCE

The Instituteof Roofing,Waterproofing andBuilding EnvelopeProfessionals

RCI’s professionalmembers haveextensive experiencein the scienceof roofing andwaterproofing.

Visit RCI’s website:www.rci-online.orgto find a membernear you.

Smoking in Stratas Survey


In BC, as with most jurisdictions acrossCanada, there is legislation that prohibitssmoking in indoor workplaces and

public places. And commencing March31, 2008 in BC, smoking will be bannedin the common areas of all multi-unitresidential dwellings. Despite theseprotections from exposure to second-handsmoke, many people living in apartmentand condominium complexesare being regularly exposed tounwanted tobacco smokeentering their homes fromneighbouring units and outsidebalconies. While there is strongpublic support for smoke-freeliving in BC, there is a majorshortage of smoke-freebuildings for those who wantand need to live smoke-free.

The Heart and StrokeFoundation of B.C. & Yukon isdeveloping a two-year project toaddress second-hand smoke in multi-unit dwellings, and is seeking your inputon an important survey. The survey willtake no longer than 10 minutes. Inappreciation for your time, we will beentering the names of those who completethe survey into a draw to win one of four$50 gift certificates for Home Depot orRONA. Further, since the CondominiumHome Owners’ Association is a member

of our Advisory Committee for this project,we will be happy to release the summaryresults of the survey through CHOA.

We would appreciate your responseby April 15, 2008. You can complete thesurvey by clicking on the link below:http://ws4.voxco.com/IntWeb.dll/online/NRG/25380993

The purpose of the ‘Smoke-Free Housingin Multi-Unit Dwellings (MUDs) Initiative’is to reduce exposure to second-handsmoke in the home, by increasing optionsfor smoke-free living spaces in the multi-housing sector. The Heart and StrokeFoundation wants to learn about yourexperiences with second-hand smoke inyour buildings and/or units to assist usin developing effective resources for

owners and managers. These resourceswill be made accessible to the broadersector across the province throughCHOA and other stakeholder sites.

If you are interested in registering forour Smoke-Free Pilot Project, pleaseprovide your contact information at theend of the survey. We will work withyour Strata Council to plan a smoke-free

policy that works best for yourbuilding, and will provideparticipants with resources,advice and technical supportto implement your chosenpolicy.

Please note that the surveyis being conducted by NRGResearch Group on behalf ofthe Heart and StrokeFoundation. NRG is anindependent, BC-basedresearch company and will

ensure all of your responsesremain confidential and no responseswill be associated with your identity orpersonal information.

If you have any questions regardingthis survey, please contact Adam DiPaula at 604.676.5641. For moreinformation on the MUDs Initiative,please contact Sharon Hammond,Project Manager, at:[email protected]


ACCOUNTINGSERVICES

Berris ManganVancouver, BC604-682-8492www.berrismangan.com

Reid Hurst NagyRichmond604-273-9338www.rhncga.com

BUILDING ENVELOPEMAINTENANCE

Accurate Cedar Ltd.Richmond604-273-3329www.accuratecedar.com

Pacific Building EnvelopeMaintenance Delta604-940-6056www.pbemltd.com

Planact ManagementVancouver604-788-2285

PCM Pomeroy BuildingMaintenance Ltd.Burnaby604-294-6700pomeroyconstruction.com

CONSTRUCTION &BUILDING ENVELOPE

RESTORATIONCoastpro Contracting Langley604-881-7011www.coastpro.ca

Columbia Restoration Co. Surrey604-574-1580columbiarestorations.ca

EPS Westcoast Construction Ltd.Surrey604-538-8249www.epswestcoast.com

DRYER VENTCLEANING

Commercial Vent Cleaning Ltd.Langley604-251-1717

Michael A. Smith Duct CleaningSurrey604-589-2553

National Air TechnologiesSurrey604-730-9300www.natch.ca

ENGINEERINGAqua-Coast Engineering Surrey604-575-8220www.aqua-coast.com

BC Building ScienceNew Westminster604-520-6456bcbuildingscience.com

Chatwin Engineering Burnaby604-291-0958chatwinengineering.com

Halsall AssociatesNorth Vancouver604-924-5575www.halsall.com

JRS EngineeringBurnaby604-320-1999www.jrsengineering.com

Levelton Consultants Richmond604-278-1411www.levelton.com

Morrison Hershfield Vancouver604-454-0402morrisonhershfield.com

RDH Building Engineering Ltd.Vancouver604-873-1181Victoria 250-544-0773www.rdhbe.com

Read Jones Christoffersen Ltd.Vancouver604-738-0048www.rjc.ca

Touwslager EngineeringBurnaby604-299-1906

Trimstyle Consulting Vancouver604-909-7777www.trimstyle.ca

Trow Associates Inc.Burnaby604-709-4630

FIRE & FLOODRESTORATION

ABK Restoration Services Penticton250-493-6623www.abkrestorations.com

Canstar RestorationsPort Coquitlam604-944-1461canstarrestorations.com

GOVERNMENT &ASSOCIATIONS

BC Apartment Owners &Managers Assoc.Vancouver604-733-9440bcapartmentowners.com

Homeowner Protection Office(HPO)Vancouver604-646-7050www.hpo.bc.ca

I. C. B. A. of B.C.Vancouver604-298-2295www.icba.bc.ca

Roofing ContractorsAssoc of BC (RCABC)Langley604-882-9734www.rcabc.org

INSURANCEAon Reed Stenhouse Vancouver604-443-2483

BFL Canada InsuranceServices Inc.Vancouver604-678-5403www.bflcanada.ca

CMW Insurance Services Burnaby604-294-3301www.cmwinsurance.com

Coastal Insurance Services Ltd.Port Coquitlam604-944-1700www.coastalinsurance.com

Fournier AgenciesPrince George250-564-3600

Hamilton Insurance Services Inc.Vancouver604-872-6788

Normac Appraisals Vancouver604-221-8258www.normac.ca

Seafirst Insurance Brokers LtdSidney250-656-9886

Vancouver IslandInsurance CentresCampbell Riverwww.insurancecentres.ca

LANDSCAPINGGround CrewProperty Services Corp.Coquitlam604-525-8825

LEGAL & DISPUTERESOLUTION SERVICES

Adrienne MurrayLaw CorporationWhite Rock604-538-8239

Alexander HolburnBeaudin & Lang LLPVancouver604 484 1700 www.ahbl.ca

C.D. Wilson & Assoc. Nanaimo250-741-1400

Clark, Wilson LLPVancouver604-643-3120www.cwilson.com

Fischer & Company Kelowna250-712-0066fischerandcompany.ca

Haddock & CompanyNorth Vancouver604-983-6670www.haddock-co.ca

Hammerberg, Altman,Beaton & MaglioVancouver604-269-8500www.hammerco.net

Lesperance MendesVancouver604-685-4894www.lmlaw.ca

Miller Thomson LLPVancouver604-687-2242www.millerthomson.com

Nixon WengerVernon250-542-7273

Okanagan Mediation &Dispute ResolutionOliver250-498-6097reachingagreements.com

Pacific Centre for Dispute Resolution604-696-1996pacificdisputeresolution.com

Pazder Law Corp. Vancouver604-682-1509www.pazderlaw.com

Remedios & CompanyVancouver604-688-9337remediosandcompany.com

Robert E. GrovesKelowna250-712-9393www.robertegroves.com

Thompson & ElliottVancouver604-742-2280

Grant Kovacs NorellVancouver604-609-6699www.gkn.ca

PAINTINGGreat West Painting &ContractingBurnaby 604-790-7089

Prostar Painting & RestorationVancouver604-876-3305

Remdal Painting &Restoration Inc.Langley 604-882-5155www.remdal.com

Sherwood Painting &DecoratingLangley 604-539-1872www.sherwoodpainting.com

PLUMBING

Cambridge PlumbingSystems LtdVancouver 604-872-2561cambridgeplumbing.com

CuroFlo of BCBurnaby604-298-7278

Trotter and Morton FacilityServices Inc.Burnaby604-525-5462www.trotterandmorton.com

Spears Sales & Service Vancouver604-872-7104www.spearssales.com

PROJECTMANAGEMENT

Condo AdvocateDelta 604-940-9322 thecondoadvocate.com

Hestia Management Coquitlam604-526-8062hestiamanagement.com

SteelToe Management Vancouver604-828-8597www.steeltoe.ca

CHOA Business Members


ROOFINGDesign Roofing Services Port Coquitlam604-944-2977www.designroofing.ca

Siplast Canada Ltd.North Vancouver604-929-7687www.siplast.com

South-West RoofRestorations Inc.Surrey604-589-7637www.southwestroof.ca

STRATAMANAGEMENT &

REAL ESTATEAccent PropertyManagement Ltd.Vernon250-542-1533www.accentpm.ca

Ascent Real EstateManagement Corp.Burnaby604-431-1800

Associated PropertyManagement Ltd.Kelowna250-712-0025

Atira PropertyManagement Inc.Vancouver604-439-8848www.atira.ca

Bayside Property ServicesBurnaby604-432-7774www.baysideproperty.com

Baywest Property Management ServicesSurrey604-591-6060baywestmanagement.com

Beachcomber Realty &Property ManagementGibsons604-886-3330beachcombercanada.com

Blackbrant Management Parksville250-752-2409

Bradshaw StrataManagement Ltd.Surrey604-576-2424www.bsmstrata.ca

CA Realty Ltd.Richmond604-288-7346www.carealty.ca

Carriage Management604-922-3237West Vancouvercarriagemanagement.com

Centre Group Real EstateService Corp.Kelowna250-763-2300www.colliers.com

Century 21 – Kootenay HomesRossland250-362-2144

Century 21 PropertyManagement Div.Richmond604-273-1745century21prudentialestates.com

Citybase Management Vancouver604-708-8998

CML ContinentalManagement Ltd.Richmond604-232-4040

CML PropertiesManagement Ltd.Kamloops250-372-1232www.cmlproperties.ca

Coldwell BankerHorizon RealtyKelowna250-860-1411www.okanaganpropertyman-agement.com

Colliers Macaulay Nicolls Vancouver604-662-2675

Columbia PropertyManagement Ltd.Kamloops250-851-9310

Complete Residential PropertyManagement Victoria250-370-7093completeresidential.com

Cornerstone Properties Victoria250-475-2005cornerstoneproperties.bc.ca

Gateway PropertyManagement Corp.Delta604-635-5000

Harbourside PropertyManagement Ltd.North Vancouver604-987-8511www.harboursidepm.com

Highland Property Mgmt Cranbrook250-489-3222www.highlandproperties.ca

Holywell PropertiesSechelt604-885-3460

Homelife Glenayre RealtyChilliwack Ltd.Chilliwack604-858-7368

Homelife MerrittReal Estate Ltd.Merritt250-378-6184

Interlink - Realty CorporationRichmond604-271-3888www.interlink-realty.com

J.P. Property ManagementGaribaldi Highlands604-898-9118

Keller Williams ResultsRealty Ltd.Maple Ridge604-460-7662

Kelowna CondominiumServices Ltd.Kelowna250-860-5445

Karel PallaRe/Max Select Properties Vancouver604-329-1430www.kpalla.com

Lodging OvationsWhistler604-938-9899

Martello Property Services Inc.Vancouver604-681-6544martellopropertyservices.com

MNP Management 604-792-1915Chilliwackwww.mnp.ca

Mountain Creek Properties Ltd.Invermere250-341-4178www.mountiancreek.ca

Narod Properties Corp.Vancouver604-732-8081

Northwest StrataManagment Ltd.North Vancouver604-980-4729

Okanagan Strata ManagementKelowna250-868-3383www.osm.to

Pace Realty CorporationPrince George250-562-6675www.pacerealty.ca

Paradise Vacation HomesVernon250-503-1506

Peak Property Mgmt. Coquitlam604-923-3588

Professional RealtyCorporation Ltd.Vancouver604-736-1266

Proline Management Co.Victoria250-475-6440www.property-managers.net

Quay Pacific PropertyManagement Ltd.New Westminster604-521-0876www.quaypacific.com

Rancho Management Vancouver604-684-4508www.ranchovan.com

Re/Max PropertyManagementRichmond604-821-2999

Realty ExecutiveCranbrook AgenciesCranbrook250-426-3355www.cranbrookagencies.com

Realty Executives PentictonPenticton250-493-4372

Royal PropertyManagement Ltd.Salt Spring Island250-537-2583www.royalproperty.ca

Sequoia Springs WestDevelopment IncCampbell River250-287-7272

Stratawest Management North Vancouver604-904-9595www.stratawest.com

Superior PropertyManagementVernon250-558-8046

Taylor Conroy Re/Max CamosunVictoria250-744-3301www.condoconroy.com

The Wynford GroupVancouver604-261-0285www.wynford.com

Total Concept Management& Realty Campbell River250-287-4427

Whistler ResortManagement Ltd.Whistler604-932-2972

WASTE DISPOSALMetro Compactor West Burnaby604-291-8485www.metrogroupcan.com

Trash BustersVancouver604-659-6684www.1800ridofit.com

OTHER

Access Gas Services Inc.Delta604-519-0862

Action Glass Inc.Burnaby604-525-5365

CEG Energy Options Inc.Vancouver604-630-1501www.cegenergy.com

Clover Glass Ltd.Port Coquitlam604-537-4370

Coinamatic Pacific Ltd.Richmond604-270-8441www.coinamatic.com

D. W. Optimum Hvac ServicesRichmond604-273-2200www.dwoptimum.com

Dec-K-ing & Global Dec-K-ing SystemsSurrey604-530-0050www.globaldecking.com

Detec Systems Ltd.Sidney250-655-0911www.detecsystems.com

EPG Equity Protection GroupSurrey604-542-9697www.epg-bc.com

CHOA Business Members

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The use of proxies is a frequentsource of questions from stratamanagers and strata corporations.

What should a strata council do if a personappears at a meeting with an e-mail froman owner appointing that person as aproxy? What if a strata lot is jointlyowned but only one owner has signedthe proxy form? Which proxy should beaccepted if an owner of one strata lot hassigned two proxies?

A basic understanding of the use ofproxies is valuable, since such issues tendto arise at meetings of strata corporationswhen there is little time to find answers.

The Strata Property Act, S.B.C. 1998,c. 43 (the “Act”) provides very minimalguidance, and the use of proxies forstrata corporation meetings has not beenconsidered in any detail by BC courts.However, there are a number ofprinciples regarding the use of proxiesthat apply to all corporations, includingstrata corporations. While the Actsupersedes any general company lawprinciples, if the Act does not provide ananswer, a useful resource to turn to forquestions regarding proxies is a textregarding company meetings.1

It is helpful to understand what a“proxy” is. A proxy is a person, who actsin place of another. The piece of paper isthe proxy appointment. The basic rightto vote by proxy is contained in section56 of the Act. Section 56(1) provides thatanyone who is entitled to vote at anannual or special general meeting maydo so by proxy. Therefore, a stratacorporation cannot validly pass a bylawwhich prohibits the use of proxies. Notethat the Act does not, however, providefor voting by proxy at council meetings.

FormSection 56(2) specifies the formrequirements of a proxy appointment:

the appointment must be in writing andsigned by the person appointing the proxy,an appointment may be general, or may befor a specific meeting or resolution, andan appointment may be revoked at anytime. The Act contains an optional formof proxy appointment which may be used.

In addition to the s. 56(2) requirements,the date of the appointment should begiven, as well as the name of the proxy.It is not necessary that a specific personbe named - it is acceptable, for example,to appoint the chair of the meeting.Although an original signature is notrequired (facsimile copies are acceptable),the document must be signed. Thereforea person presenting an e-mail designatinga proxy would not be entitled to vote.

It is the task of the meeting chair todetermine whether or not a proxyappointment is valid. Scrutineers may beappointed to check in voters and reviewproxy appointments, but if there isuncertainty, the matter should bereferred to the chair. Proxies that do notcontain all of the required informationare not valid and should not be acceptedby the chair of the meeting. It would beacceptable to reject a proxy if theappointment form is so torn or mutilatedthat one cannot be certain of theappointer’s intention or if theinstructions or restrictions on theappointment are confusing or in doubt.If a strata lot is jointly owned, a proxy willbe valid even if only one of the ownerhas signed the appointment. However,if both owners sign proxies appointingdifferent people, the proxies will canceleach other out and should be rejected.

There is no limit to the number ofproxies one person may hold, and almostanyone can be a proxy (e.g., a non-owneror a council member). Only stratamanagers and employees of stratacorporations are not permitted to be

proxies for strata corporations to whomthey provide services.

FunctionSection 56(4) describes the function of aproxy: under the Act, a proxy stands inthe place of the person appointing theproxy, and can do anything the appointeecan do (including vote, make motions andparticipate in the meeting) unless limitedin the proxy appointment document.

Typically, in company law, proxies arerestrictive. For example, if a proxy holderis instructed to vote “yes” on a resolution,and the resolution is modified in themeeting, the proxy holder cannot vote,unless specifically authorized to do so.

If the holder of a proxy appointmentdoes not follow the instructions of theperson appointing the proxy, the chairshould decide how to handle the matter.While the Act does not contain anyguidance, in company law, the chairwould not accept a vote by proxy thatdoes not conform to the restrictions andinstructions in the proxy appointment.

ObjectionsFrom time to time, an owner may objectto the chair’s decision to accept or rejecta proxy. Objections should be made at themeeting. The party objecting should begiven an opportunity to make submissionsto the chair, and inspect the proxyappointment, if requested. Althoughproxy appointments are not “records ofthe Strata Corporation” to be kept undersection 35 of the Act, the council shouldcarefully consider how to proceed ifthere is controversy over the vote.

DurationHow long a proxy appointment lastsdepends on the type of appointment.A proxy for a specific meeting orresolution will be at an end after thatmeeting. A general proxy will continueuntil revoked. Although a revocationshould be in writing and signed by thegrantor, the appointment of a new proxyfor that strata lot will revoke theprevious proxy, and only the most recentappointment should be accepted. Proxiesare also automatically terminated by thedeath of the appointer, upon the stratareceiving notice of the death.

Strata CorporationsUse of Proxies

Sharon A. MacMillan, Lawyer, Miller Thomson LLP

1 E.g., Wainberg and Nathan’s Company Meetings, 5th ed., CCH Canadian Ltd.


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