STRATA 799
MINUTES OF ANNUAL GENERAL MEETING
SATURDAY, OCTOBER 9, 2010
HELD AT MOUNT WASHINGTON
Directors in attendance: Richard Meiner - President, Thomas Haglund - Vice President,
Bob Shires - Treasurer, Jenifer Jennings - Secretary, Gerald Wrohan, Harold Turnham,
Richard Zandee.
Others in attendance: Lana Blair - Village Representative, Russ King (Cornerstone Properties Ltd.)
1. Messages from Mount Washington Alpine Resort
a. Peter Gibson, President, re-capped last year. With the second highest snowfall recorded at the Resort, and productive strategies to encourage business, the company had the second best financial year. Peter disclosed some of the possible plans for improvements to the Resort. The Mount Washington Volunteer Fire Department is being founded, and could use more executive committee members. Volunteers are asked to contact George Trousdale at the Resort or to look on the Mount Washington Resort website.
b. Anya Macleod, Mount Washington’s new Freehold Sales Consultant, introduced Mount Washington’s plan to allow leasehold owners to purchase freehold title to their properties (see further information on the attached addendum #1 provided by Mount Washington Resort and on the website: www.mountwashingtonfreehold.ca).
2. Meeting officially called to order 10:15 a.m., with Richard Meiner in the Chair
a. 54 owners represented (43 in person, 11 by proxy).
b. Timekeepers and scrutineers were appointed.
c. Proof of Notice of Meeting filed by Russ King, Cornerstone Properties.
3. Adoption of Minutes of the AGM, held on October 10, 2009
a. Moved by 89, seconded by 130 to accept Minutes as circulated. Carried.
5. President’s Report
a. Richard Meiner recalled what a great snow year we had last season. He thanked the strata councilors for their hard work. Rico of Benefit Plowing did a fantastic job and his contract will be extended for five years. Lana Blair, the Village Representative and her husband, Mark Blair, have been helpful and much appreciated by councilors and strata lot owners and their visitors.
b. Information bulletins will continue as garbage and dog problems continue. Renters must be given this information.
c. Cornerstone Properties Ltd. continues to provide property management services to the strata, with John Meikle as the new property manager.
d. Village matters: A few more trees have had to be removed. The street lighting through-out the Village has been reviewed and repaired. Road maintenance is on-going on an annual incremental basis.
e. Financially the strata is in very good order and the proposed budget maintains the same strata fees as last year despite the inauguration of the HST.
6. Report on insurance coverage
a. Russ King reported that the insurance coverage is in place through Hodgdes at the same rate as 2009. Owners are reminded they are responsible for liability and contents insurance.
7. Adoption of Budget
a. Bob Shires, Treasurer, presented the proposed budget for 2010-2011. The parking meters will be put on Craigslist in an effort to sell them. The budget is the same as last year, but HST is now included (so is in fact lower). The Contingency Fund is full as required by the Strata Property Act.
b. Moved by 130, seconded by 51. Moved that the budget be accepted as circulated. Carried.
c. Owners are asked to immediately arrange to make their strata fee payments as per the list in the adopted budget.
8. Adoption of ¾ vote and majority votes
a. Be it resolved as a ¾ vote of and by the owners of Strata Plan 799 to change bylaw 3 (3) to read as follows:
Bylaw 3 (3)
An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secure when on the common property or on land that is a common asset.
Moved by 94, seconded by 46 to accept the amendment to Bylaw 3 (3). 52 in favour, 2 opposed – carried.
b. Be it resolved as a majority vote of and by the owners of Strata Plan 799 that the following rules be ratified:
Rule 7
If the Village Representative is required to provide a temporary parking pass there will be a $10.00 administrative fee charged on behalf of Strata 799 by the Village Representative.
Moved by 89, seconded by 87. Unanimous – carried.
Rule 8
Tobogganing, tubing or sliding (other than skiing/boarding) is prohibited within the Strata 799 Village.
Moved by 86, seconded by 43. 53 in favour, 1 opposed 1 – carried.
9. New Business
a. Village Map – Lana Blair introduced the revised Village Map, based on the one created by Tourism Mount Washington.
b. Summer/fall annual clean-up - A straw poll indicates owners are in favour of this.
c. A motion from the floor asked that Strata 799 join the VI Strata Owners’ Association. Council will discuss this at a future strata council meeting. Clarification was requested as to how lot owners could place motions on the floor at an AGM. Please see Addendum #2 attached.
10. Election of Strata Council
Russ King conducted an election, and the following were elected to the 2010-2011 Strata Council: Richard Meiner, Tom Hagland, Bob Shires, Dick Zandee, Harold Turnham, Gerald Wrohan, and Mike Stone
11. Adjournment 11:34 am
ADDENDUM 1
Memorandum on Mount Washington Freehold Conversion: VIS799
Answers to questions posed at an information session held October 9, 2010:
1. Could individual buildings (whether co-op or strata) become freehold without all of
VIS799 coming to consensus?
The short answer is yes. VIS799 does not need to be involved in that decision making process.
The longer answer follows:
Strata Plan VIS799 is a bare land strata plan, consisting of individual strata lots and common
area. Presently, each strata lot is owned by Mt. Washington Condominium Leasing and Rentals Ltd., leased to Mt. Washington Ski Resort Ltd. and sub-leased to the occupants residing in or otherwise using the strata lot.
The composition of strata lots within Strata Plan VIS799 varies, but the physical structures will
generally consist of one of the following:
1. A single family dwelling;
2. A duplex or triplex (2 or three family dwellings); or
3. A multiplex (an apartment building).
Dwelling unit “ownership” will also vary. Single family dwelling units can be “owned” by more
than one person or company. In the case of a duplex or a multiplex, two or three owners might own a fraction of the dwelling. In the case of a multiplex, the building might be owned by a single company operating as a cooperative of individual dwellings.
For example, Strata Lot 85 in Strata Plan VIS799 (695 Castlecrag Crescent) is a multiplex
cooperative. That is, the sublease is held by a company (Project 85 Resorts Ltd.) in respect of
which each of the dwelling unit owners in the building at 695 Castlecrag Crescent will have an
interest.
It is intended that freehold ownership of a given strata lot would be conveyed to the holder of
the sublease of that strata lot. It is not intended that a given building on a strata lot will itself be subdivided to create individually titled units. In the case of 695 Castlecrag Crescent, Mt. Washington would transfer freehold ownership to Project 85 Resorts Ltd., and the lease and sublease in favour of Mt. Washington would disappear from title. However, the cooperative now in place at 695 Castlecrag Crescent would remain intact. Mt. Washington would not and could not interfere with that cooperative structure.
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Memorandum on Mount Washington Freehold Conversion: VIS799
Where a strata lot consists of a single dwelling owned by a single individual, that individual
could elect to acquire the freehold from Mt. Washington. Approval from Strata VIS799 is not
required.
Where more than one owner has an interest in the dwelling or an interest in one of the
dwellings on a strata lot, then all of the owners with respect to that strata lot will have to come
to some agreement with respect to acquiring the freehold. Again, no approval from Strata Plan VIS799 is required.
Where a strata lot (such as Strata Lot 85) is owned by a company in a cooperative arrangement, the occupants in that cooperative will need to hold a meeting and pass a resolution to acquire the freehold in accordance with their own internal governance structure.
To be clear, the meeting with respect to Strata Lot 85 would be a meeting of the “owners” at
695 Castlecrag Crescent, not a meeting of the Strata at large; no approval from Strata Plan
VIS799 should be required.
To be absolutely clear, a freehold interest in individual buildings could be conveyed without the consent of the inhabitants of Strata Plan VIS799 as a whole, but the result will not be
individually titled units in that building. Rather, the existing co-operative structure between
those inhabitants will continue.
Because the ownership structure adopted by the occupants of a given strata lot will vary from lot to lot, it is not possible to provide more precise advice or to otherwise detail the specific decision making processes in play with respect to a given strata lot.
Occupants will need to look to their own legal and other advisors to determine what process is to be used to decide whether or not to acquire the freehold. Once made, an affirmative decision will trigger the conveyance process, as detailed by Mt. Washington in the disclosure statements to be issued when Mt. Washington is ready to initiate sales.
2. Under conversion, what happens to the common land outside the individual
circles/squares of single family or duplex chalets and multi-tenant buildings?
The common land outside each lot remains common land. The only thing that changes is that
Mt. Washington and all the lease/sublease charges come off the title. The Strata stays in place. Again, to be clear, it is not intended that a given duplex, triplex or multiplex on a strata lot will itself be subdivided to create individually titled units.
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Memorandum on Mount Washington Freehold Conversion: VIS799
3. Three, how can freehold conversion occur without the properties directly abutting highway
access (in accordance with the Ministry of Highways regulations) ?
The lands already exist as freehold strata title, so there is nothing to do vis a vis the Ministry of Transportation. Again, to be clear, it is not intended that a given duplex, triplex or multiplex on a strata lot will itself be subdivided to create individually titled units. Mt. Washington is simply backing out of the picture. Strata Lot 85, for example, will remain Strata Lot 85 within Strata Plan VIS799, owned by a corporation for the benefit of a cooperative set of owners.
PLEASE NOTE THAT THIS DOCUMENT IS FOR GENERAL INFORMATION ONLY, AND DOES NOT CONSTITUTE AN OFFERING FOR SALE OF ANY LOT ON MOUNT WASHINGTON. An offering for sale can be made only by way of a Disclosure Statement prepared in accordance with the RealEstate Development Marketing Act and filed with the Superintendent of Real Estate.
-End of Document-
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ADDENDUM 2
Excerpts from the Strata Property Act to describe the process for putting items on to the Agenda for an Annual General Meeting:
Notice requirements for annual or special general meeting
45 (1)The strata corporation must give at least 2 weeks' written notice of an annual or special general meeting to all of the following:
(a)every owner, whether or not a notice must also be sent to the owner's mortgagee or tenant;
(b)every mortgagee who has given the strata corporation a Mortgagee's Request for Notification under section60;
(c)every tenant who has been assigned a landlord's right to vote under section147 or148, if the strata corporation has received notice of the assignment.
(2)A person who has a right to be notified under this section may, in writing, waive the right and may, in writing, revoke a waiver.
(3)The notice of the annual or special general meeting must include a description of the matters that will be voted on at the meeting, including the proposed wording of any resolution requiring a 3/4 vote or unanimous vote.
(4)If the meeting is an annual general meeting, the notice must include the budget and financial statement referred to in section103.
Agenda and resolutions at an annual or special general meeting
46 (1)Subject to subsection (2), the council determines the agenda of an annual or special general meeting.
(2)Persons holding at least 20% of the strata corporation's votes may, by written demand, propose a resolution or raise a matter specified in the demand.
(3)A resolution or matter raised under subsection (2) must be included
(a)in the notice given under section 45 (3) about the next annual or special general meeting of the strata corporation, and
(b)on the agenda of that meeting.
(4)Subsection (3) does not apply to a special general meeting held under section43(6).