Strata NES 2286

Minutes of the 2011 AGM held on October 1, at 6:30 PM at the Park Place Lodge, Fireside room

1. Call to order at 6:30 PM. Welcome by President Del Cleland. Introduction of other attending directors: Ralph Huizinga, treasurer; Mark Tomlin, member at large; Mike Tomney, member at large. Absent members: Barry Hanson, vice president, absent with notice; Greg Pullam, unit sold, resigned.

2. Ralph Huizinga certifies 9 proxies.

3. There are 11 units represented by owners at the meeting. Total proxies and owners present = 20. The quorum is 15. A quorum is established.

4. President provides proof of “Notice of AGM”

5. Motion to approve agenda, moved: Hazel K (1335), sec. Val W. (1238). Carried.

6. Motion to approve the 2010 AGM minutes, Moved: Shaun P. (1300), sec. Ralph H (1216). Carried.

Business arising from 2010 minutes:

7. Bill Ing will not voluntarily removed rent charge from all strata titles. $8000 was designated in the 2010 minutes to have lawyer proceed to remove the charge.

Motion: Instruct lawyer to proceed to the courts re: rent charge removal to a maximum cost of $30,000, moved: NancyH. (1216) sec. Hazel K. (1335). Carried.

8. In 2010, the motion was made to look into developing a re-cycling program for strata, not done.

Motion: Contract SouthEast Disposal to provide a re-cycle bin, cancelable on 30 days notice on a month to month basis. Moved: Hazel K. (1335), sec. Nancy H. (1216). Carried.

9. Report on council activities over the last year was made by Del Cleland, president. The board met three times since the last AGM, Feb. 5/11, May 20/11, Oct. 1/11. During the May 20 meeting the Board conducted their annual strata walk around. At that time, maintenance items, and upgrade items were determined. As our strata is self managed, the Board makes all management decisions. Del Cleland maintains liason between the board and Russ Waswick, TMS Maintenance and Leslee Valavaara, strata bookkeeper.

Spring/summer/fall maintenance schedule as follows: general maintenance as per contract; finish landscaping to create a positive slope to building foundation; paint stucco where discolored; repair damaged heat tape on roof; stain railings on front side of both buildings.

Security update: Mountain Eagle Security from Cranbrook was again contracted for the 2010/11 ski season – 6 fines for noise bylaw contraventions levied; 5 to units in the rental pool, 1 to a unit not in the rental pool. Security will again be contracted for the 2011/12 winter season.

Roof envelope report: Mike Koechel (1335) summarized the Roof envelope study conducted by Dana Bjornson of Optimize Envelope Engineering Ltd. in May to investigate water damage that occurred in 8 units in the spring.

10. Report on Insurance Coverage: The strata insurance policy is with Falkins Insurance in Fernie. Current premium cost is approximately $25,000. Replacement cost for the buildings has been increased to 12.3 million dollars. The deductible on water and sewer damage is $25,000; deductible on all other items is $2,500. We are approaching 3 years with no water claims and expect the deductible to be reduced as a result. The board is directed to test the market for insurance providers, and to question why an administration fee is applied to monthly EFT payments.

11. Ralph Huizinga, treasurer, reviewed the 2011 budget, showing YTD as of August 31, and projected cash flow for Sept. - Dec./2011.

12. Ralph H. presented the proposed 2012 budget. Note changes: Increase of 3% in strata fees to guarantee appropriate contingency reserve fund contributions as per the CRF study; change in honoraria paid annually to board members: president, $7000; other board members, $500.

Motion: to approve the proposed 2012 budget, Moved Hazel K. (1335), sec. Shaun P. (1300). Carried.

New business:

13. Roof envelope report – indicates that water damage issues are related to ventilation and condensation (warm moist air escaping from poorly sealed units, not escaping the vent space in the roof, condensing and forming ice inside the roof). Spring means thaw – water leaks down framework and into units.

Suggestions:

Next spring when damage occurs – take the opportunity to remove drywall in an affected unit to see what's inside.

Owners can: check dryer vent – attach vent hose with metal clamps; turn off humidifiers.

Suggestions: remove ridge caps – drill holes in beam to increase ventilation; use laser thermometer to ascertain what's in roof; use fiber optic snake to check for sagging insulation; check with strata 2140 to see if similar problems occurring; more snow retention clips to keep snow from sliding off roof causing damage

Motion: The board is authorized to pursue possible solutions by hiring a consultant up to a maximum of $5,000; moved Ralph H. (1216), sec. Rick P. (1306). Carried.

14. Swallow problem.

A quote of $17,000 to install a permanent deterrent in 32 dormer apexes by TMS Maintenance is too much for now.

Moving forward, we will authorize TMS Maintenance to hire a man lift and install as many deterrent devices as they can in one day – then wait and see if it makes any difference.

15. Underground Sprinkler System

All external faucets are connected to internal sources from individual units. When owners turn off water while away, outside water is cut off, making it difficult to water consistently during the summer.

Motion: That we install an underground sprinkler system for $11,100 as per quote by TMS Maintenance, moved Shaun P. (1300), sec. Vicki C. (1324). Carried.

16. Notice of Motion: Resolution to amend Bylaw #7 of the Strata Act .

Be it resolved that the Bylaws, Strata Corporation NES2286, be amended, by way of amending Bylaw No. 7 by adding the following:

7.3)An owner will repair and maintain, upon written notice from the strata council any fixture or equipment that it is the duty of the Strata Corporation to insure pursuant to Section 149 of the Act.

7.4)In the event that an owner fails to repair and maintain fixtures and equipment that it is the duty of the Strata Corporation to insure pursuant to Section 149 of the Act as specified in any notice from council, and a failure, breakage or malfunction in any such fixtures or equipment causes loss or damage, to the common property of the Strata Corporation, or another strata lot, then in such an event, such owner shall be jointly and severally liable to the Strata Corporation and any owner that has sustained damage, for such loss or damage so occasioned, and such owner shall indemnify and save harmless the Strata Corporation from any and all loss, costs, damage, claim or expense arising from such failure, breakage or malfunction of such fixtures or equipment.

Move to adopt the resolution as written, Ralph H. (1216), sec. Mark T (1205). Carried.

17. Ski Locker Doors. Motion: to replace all ski locker doors to a maximum expenditure of $5,000. Moved, Hazel K. (1335), sec. Mike T. (1224). Carried.

18. TMS Maintenance will do all repair work on water damaged walls as long as the work is to the same standard as contractors.

19. Wireless internet service has been very poor for several months. The board will take steps to rectify the situation before the winter season.

20. Joan Martin, manager of the Stanford Inn, was present to represent 2 owners by proxy. She asked that a letter from the Stanford Inn to the Strata Council be read on her behalf. The letter states that the Stanford Inn is pursuing a new direction for marketing the strata units in the rental pool more in keeping with their advertising motto, “Fernie's Premiere Family Resort.” To that end, they will no longer be placing either the Downhill Riders Bus Tours, or any other bus tours, in our strata units. Our appreciation for a move in this direction was expressed by the strata council.

21. Elect a council. Greg Pullam, member at large, has sold his unit and has resigned. Rick Puttick, (1306), has agreed to let his name stand as a replacement board member.

Motion: That the Strata approve the election of remaining Board members and the addition of Rick Puttick. Moved: Hazel K. (1335), sec. Shaun P. (1300). Carried.

21. Move to adjourn at 9:30 PM.