April 17, 2019

SPADINA CONDOMINIUM CORPORATION

C/O John Beckman

702-730 Spadina Crescent East

SASKATOON, SK

S7K 4H7

Dear Sir:

The Board’s attempt to dictate a special resolution to unit owners and simply ask them to sign on is totally inappropriate. This proposed expenditure uses reserve funds and comes with concerns of unit owners as to our financial position. Unit owners have received no information on the status of our reserve fund since the year end financial report of June 30^th, 2018 and are therefore unable to responsibly approve any such expenditure.

The proper thing to do is hold a General meeting so that unit owners can be informed of the corporations current financial position and have an open discussion including questions regarding both finances and the proposed expenditure. A motion is required and unit owners must be provided an opportunity to speak to the motion at a properly convened general meeting subject to the required written notice. Further, requests for a polled vote and a private ballot particularly for a Special Resolution must be accepted by the Board. I personally am requesting that a polled vote be conducted with a private ballot for any such expenditure.

In your reasons provided as to why roof anchors are required for Spadina Towers, you state that “So if we are going to swing someone over the edge of the building from the roof, anchors are required”.  We have always used anchors and no one swings anyone over the edge of a building. An experienced, qualified and fully certified contractor has always since 1977 provided our building with window cleaning and exterior maintenance using a fully compliant temporary anchor system as is required by Occupational Health & Safety. Why spend $100,000 plus on permanent anchors when fully compliant temporary anchor systems are included in the contractors service anyway? Most importantly, this building has no business spending $100,000 on something totally unnecessary given the state of our most troubling financial position.

Please conduct a General Meeting to be held as soon as possible should you wish to properly present your motion.

Yours truly,

Dennis M. Tofin

Our Board of Director returns home and immediately DEMANDS A VOTE WITHIN TWO DAYS on a special resolution to approve a major capital expenditure of approximately $88,500 + 11% taxes WITH NO MENTION OF  ENGINEERING COSTS. Special resolutions are in normal corporations including condominiums, conducted via the required voting procedure at a general meeting where owners are permitted to speak for or against the proposed resolution.  Management and the Board of our corporation, does not conduct its affairs in any NORMAL fashion and refuses to respect normal democratic governance practices. A NORMAL corporation would call a General meeting to present such a major special resolution to be held with no less than two weeks written notice. This Board is simply afraid to be presented with the facts of the matter. Why the urgency? We have been without permanent roof anchors the entire life of this condominium with no problem.

The Board states the following:

1. Roof anchors will replace an obsolete system that no longer meets today’s safety standards for fall prevention. INCORRECT. We have NO SUCH OBSOLETE SYSTEM. As like many high rise buildings in Saskatoon, we have always required contractors who provide a fully certified temporary anchor system and provide full indemnification to our Corporation from any liability.
2. Roof anchors are needed to allow access to wash windows and inspect and maintain the concrete panels. INCORRECT. Again, since 1977 all window cleaning (not conducted in the past five years) and maintenance of concrete panels (only repaired once since 1977), has been conducted by contractors who have provided with their service, a TEMPORARY anchor system where we have required confirmation of their conformance with the OCCUPATIONAL HEALTH & SAFETY ACT and indemnification of liability to our Corporation.

To help residents understand this issue, since 1977 we have been using fully compliant TEMPORARY ANCHOR SYSTEMS, with a minimal cost included in fees paid to contractors for window cleaning and exterior maintenance. The Board is now demanding that we spend $100,000 PLUS ENGINEERING COSTS for an unnecessary PERMANENT ANCHOR SYSTEM rather than have contractors continue to provide service with a TEMPORARY ANCHOR SYSTEM they INCLUDE anyway. Why spend this kind of money when it is a known fact that our building is facing imminent depletion of our reserve funds because of such unnecessary expenditures? In recent years, our Board has proceeded all on their own with overspending on unnecessary capital expenditures of more than $1,000,000. Residents don’t realize it yet, but they should know that they will continue to be called upon for substantial cash calls to keep supporting these unnecessary costs.

Temporary anchor systems are fully permitted subject to the following OHS regulations:

116.3(1) Where a worker uses a personal fall arrest system or a travel restraint

system, an employer, contractor or owner shall ensure that an anchor point or

anchor plate that meets the requirements of this section is used as part of that

system.

(2) An employer, contractor or owner shall ensure that a temporary anchor point

used in a travel restraint system:

(a) has an ultimate load capacity of at least 3.5 kilonewtons (800 pounds-force)

per worker attached in any direction in which the load may be applied;

(b) is installed and used according to the manufacturer’s specifications;

(c) is permanently marked as being for travel restraint only; and

(d) is removed by the last worker from use on the earlier of:

(i) the date the work project for which it is intended is completed; and

(ii) the time specified by the manufacturer.

Simply Ignore the Special Resolution And Demand a General Meeting!

Spadinanewscenter.com April 16, 2019