Comments to The Parkade Topping Report

A report titled “THE PARKADE TOPPING” dated July 26, 2013 was recently distributed to residents. As residents are aware, there is concern among many as to the review conducted on this matter.

The report begins with an admission of the board that they reached a “conclusion resulting in the letter to the owners giving notice that a cash call would be required at some time in the future, when this work would be done. It would likely be 2-3 years from now”.

We have received notice that a conclusion of the board was reached prior to giving notice to unit owners of a cash call. There have been several requests of the board to consider very viable alternatives but it appears they wish to stand by their final decision made long before submission of alternatives. These options have not received any reasonable consideration.

The report states that the work will likely be completed 2-3 years from now. This obviously raises the question, why has the board made a final decision on such a major capital project where there appears to be no interest in commencing such a project for several years? We now apparently have yet another capital project with many serious questions and concerns of residents being approved by the board without appropriate review, particularly with a board admission of a decision to proceed prior to responsible assessment of viable options.

How can such a capital project be considered, let alone be approved,  where there is clearly uncertainty and unpredictability as to costs one, two and three years down the road? Of very serious concern to residents, is the fact that these concerns have established a dark cloud and uncertainty over the market value of their property and the clear impact on resale values of residential units

A statement was made in the report to “continue with cleaning out and caulking of cracks”. It is further stated that this has been done over the last few years. Ongoing observation has found it to be very obvious that there has been no such maintenance over the past few years. This whole issue is simply one of deferred maintenance as has been acknowledged by qualified contractors. A question as to specifically where there has been any such maintenance has been clearly avoided by management and the board.  Our weather this summer has been, as was last year as well, very conducive to conducting this maintenance. However, no such maintenance has taken place and we will now defer this maintenance for yet another year.

A most viable option provided by Vector Construction Ltd., probably the most qualified contractor in Saskatchewan providing this required service, did provide a very accurate cost estimate and has advised the board  that all products and workmanship provided is in fact guaranteed. It is important to note, that the Vector proposal, given proper annual maintenance, would provide up to ten years of service without the need for major expenditure. This as with any reasonable option, is subject to appropriate annual maintenance.

The report states “The board has concluded that the action selected initially, to replace the topping, is the correct one and in the best interest of the building and its long term life.”

As we all know by now and stated in the conclusion of this report, any expenditure that is in fact “in the best interest of the building and its long term life”, is clearly a capital expenditure. As per the bylaws of the Corporation, such expenditures require approval of unit owners by way of a special resolution.  

The resolution of the board regarding this project is obviously inappropriate and contrary to the bylaws of the Corporation. Should the board wish to propose such a project, they must present this proposal to all unit owners at a duly convened meeting of the Corporation. Approval is of course subject to the support of a special resolution.

Residents over the last few years have experienced similar ill-fated projects. The heating system project not only resulted in realized capital costs exceeding those as promised by approximately 50%, but further have resulted in a discrepancy of over $150,000 in promised energy cost reductions as of June 30, 2013. The promise of no need for an increase in condo fees for the foreseeable future because of the promised savings has proven to be totally inaccurate. The projected balance of our reserve fund has unfortunately been severely impacted with a reduction of approximately $150,000. We have received no reserve fund statements for many months, but its balance at year end can only be expected to be pretty much depleted.

The estimate provided by the board for this proposed project exceeds $700,000 given current estimates.The board seems to be rather uncertain as to a proposed date of commencement. A responsible assessment of this matter would lead one to assume the ultimate total capital cost may very well increase by 50% as did happen with the new heating system. It must be further noted, that residents  have never been advised of the actual total cost of the new heating system.

Finally, an audited financial report to unit owners will help address these concerns and provide unit owners with much needed clarification and confirmation.

Estoppel Certificate

The Estoppel Certificate is a very important document that provides the status of a specific condominium unit when there is a transfer of ownership. This information and its accuracy is vital to the purchaser as it is this document that provides the new owner with a great deal of information including current or contemplated expenditures for which they may be liable.

The Corporation is responsible for providing this document to the parties of the transaction prior its completion. The following format is required as per Section 64 of the Condominium Act and Regulations.

There have been several new owners in the building over the past few years. They should ensure that they have been provided with this document and that it includes all relevant information.

CONDOMINIUM PROPERTY, 2001                         C-26.1 REG 2

FORM GG [Section 53]

Estoppel Certificate

(the “corporation”)

(name of condominium corporation)

DATE:___________________________________________________

TO:______________________________________________________

RE: UNIT NO. _____________________________ (the Unit)

CERTIFICATE

The corporation certifies that, as of the above date:

1. (Provide the following information:

(a)   the amount of the common expense contribution levied respecting the Unit;

(b)   the amount of the reserve fund contribution levied respecting the Unit;

(c)   the extent to which the contributions have been paid respecting the Unit;

(d)   the amount of any unpaid contributions or arrears in contributions respecting the Unit;

(e)   the manner in which the contributions are payable [for example, by annual or monthly instalments];

(f)    the amount of any extraordinary contribution levied on the Unit and the extent to which it has been paid);

(g)   the corporation has bylaws creating sectors and the unit is included in a sector.

2. The corporation is not aware of any default by the present owner of the Unit in fulfilling any of the owner’s obligations arising from membership in the corporation and ownership of the Unit, except as specified above or noted below:

  1. The corporation holds insurance policies as required by The Condominium Property Act, 1993, and its bylaws and the policies are in good standing. (Describe particulars of insurance, including the carrier, the agent, the amount, the date of renewal, additional endorsements and the deductible, or attach a certificate of insurance that includes these particulars.)
  2. The corporation has not been served with a notice of any unsatisfied judgments against the corporation, any existing orders or actions, suits or proceedings pending against or affecting the corporation before or issued by any court or any public authority having jurisdiction except as listed below: (include particulars about any matter listed)

 

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C-26.1 REG 2                  CONDOMINIUM PROPERTY, 2001

5. Since the date of the last audited financial statements of the corporation there has been no material adverse change in the assets or liabilities of the corporation except as follows:

6. The corporation has not taken any action nor has it received notice of any pending rocepedings:

(a)   for the transfer or leasing of the common property or services units of the corporation or any part of it, except to the extent permitted under its bylaws in relation to the assignment of parking spaces and privacy areas to individual units;

(b)   to authorize any substantial change in or addition to the common facilities, services units or any other substantial change in the assets of the corporation;

(c)   to amend the condominium plan relating to the corporation as presently approved and filed;

(d)   to amend the bylaws of the corporation as constituted pursuant to The Condominium Property Act, 1993 or as presently filed;

(e)   to amend the bylaws of the corporation to create or dissolve sectors within the corporation;

(f)   for the appointment of an administrator for the corporation;

(g)   to terminate the condominium status of the land and buildings comprising the condominium property of the corporation;

(h)   to amend the scheme of apportionment of property taxes pursuant to The Condominium Property Act, 1993 and the regulations made pursuant to that Act; or

(i)    to appeal the assessment of the rates, charges or taxes on the units and common property of the corporation levied by any assessing authority, or to apply for approval of a new scheme of apportionment for assessment purposes.

7. There has been no scheme of apportionment of property taxes ordered by the

Saskatchewan Municipal board pursuant to The Condominium Property Act, 1993 and the regulations made pursuant to that Act.

OR

7. There has been a scheme of apportionment of property taxes ordered by the Saskatchewan Municipal Board pursuant to The Condominium Property Act, 1993 and the

regulations made pursuant to that Act, described as follows: ______________________________________

 

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CONDOMINIUM PROPERTY, 2001                       C-26.1 REG 2

 

8. There has been no reapportionment of common expense or reserve fund contributions pursuant to The Condominium Property Regulations, 2001.

OR

8. There has been a reapportionment of common expense or reserve fund contributions

pursuant to The Condominium Property Regulations, 2001 described as follows: ______________________

  1. The amount of the reserve fund is: ______________________________________________________
  2. There are no contracts extending beyond one year except as follows:
  3. The corporation states that the unit factors among the units included in the

condominium plan have been apportioned as follows: ___________________________________________

  1. A reserve fund study report is available on request:

Yes                      Date of report: ____________________________________________________

No                       Why not? ________________________________________________________

  1. The qualifications of the person who conducted the reserve fund study are:
  2. The corporation states that the person who conducted the reserve fund study is not an owner, employee or agent of the corporation, nor is he or she a property manager of or otherwise associated with the corporation:

Yes

No          If no, indicate relationship of person who did the study to the

corporation.

 

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C-26.1 REG 2                  CONDOMINIUM PROPERTY, 2001

15. The corporation has adopted a funding plan in conformity with the recommendations in the reserve fund study report:

Yes

No                 Why not, or in what way is the funding plan not consistent with the

recommendations in the report?

The corporation also advises for your information only, BUT DOES NOT CERTIFY, that, as of the above date:

The names and addresses of the members of the board of directors of the corporation are:

(name of condominium corporation)

by:

(Signature of officer of the corporation – include title)

If requested, copies of the following documents will be provided on payment of the fee noted opposite each document:

  1. latest financial statements for the corporation                         $
  2. current budget for the corporation
  3. current policy of insurance
  4. current bylaws of the corporation
  5. any current management agreement

If the corporation wishes to, it may disclose the following:

  1. The particulars of the parking or any exclusive use area, including any special rules regarding those areas.
  2. The date of the last annual meeting and the date of the next annual meeting, if known.

Energy Costs – Some Serious Questions

Net energy costs following the installation of the new heating system increased by approximately $17,500 in each of the calender years 2011 and 2012. Now we find that these costs are up approximately $18,000 in just the first six months alone of the current year, 2013, over the same  six month period in 2010.  This is very alarming and obviously raises some very serious questions.

So, over the 2 1/2 year period since installation of the new heating system, accumulated energy cost increases are in excess of $53,000.

Considering the substantial energy cost savings promised by the board and the engineer to residents on several occassions including a general meeting in 2010 where approximately 80 % of residents disapproved of the hot water heating system, the project proceeded anyway. The net result was that those promised savings plus the actual energy cost increases, resulted in a negative discrepancy in excess of $150,000. In other words, residents were advised that effectively, the promised savings would result  in a projected reserve fund balance of over $150,000 more than the actual realized balance as of June 30, 2013.

For our responsible residents who choose to remember, residents back in 2010 were advised that because of the promised savings, there would be no need for any forseeable increase in fees. Fees were in fact increased, and we no longer have the reserve fund that we had prior to the new heating system. Substantial cost overuns to the heating system project along with this serious discrepancy in promised savings, have in fact contributed greatly to the depletion of our reserve fund over this period. Of serious concren, residents have not been provided with a reserve fund report for quite some time.

The promised  savings simply did not happen, and given the ongoing and unexplained increases in our energy costs, residents will be called upon to pay even more for this unneccessary debacle. Residents must realize that this shortfall will be primarily funded by them and at the same time, be aware of the fact that they face yet further cash calls for funding of the recent action of the board to take on yet another unneccessary project with an even greater projected cost.

That project is of course the replacement of the parkade surface. Residents must not permit any consideration of such projects without their approval by way of a required special resolution.

There will of course be those who will strongly object to any questioning of the above mentioned issues which should be of very grave concern to every responsible resident. These opponents are asked to provide their facts and information that support their objection.

For those who choose to stand in respect for themselves and their investment in this building, there has never been a better opportunity to express serious concern and call attention to these issues. This of course includes support for an appropriate audit which help answer many questions including  those of energy costs.