Case Studies, Pendrell Place: Council Minutes Overdue

June 29, 2005

TO:

STRATA COUNCIL, STRATA PLAN VR 1008, PENDRELL PLACE
STRATACO MANAGEMENT LTD.
OWNERS, STRATA PLAN VR 1008

RE: DENIAL OF ATTENDANCE AND OVERDUE STRATA COUNCIL MINUTES

1. Denial of Attendance

It is my understanding that a Strata Council Meeting was scheduled for Wednesday evening, June 8, 2005.

Mr. Oldaker, the Owner of Strata Lot 22, Suite #504, wanted me to attend as an observer in place of him.

The meeting was postponed to Monday evening, June 13, 2005.

My attendance was wrongly denied.

The Strata Property Act states:

17(3) Owners may attend council meetings as observers.

2. Overdue Strata Council Minutes


More than two weeks have passed since the Strata Council Meeting of June 13, 2005.

A telephone call to Strataco Management Ltd. at approximately 2pm today revealed that the DRAFT of the Minutes of the Strata Council Meeting has been sent to Council and that Strataco is waiting to hear back from Council with approval before releasing the minutes to owners.

The Strata Property Act states:

Council to inform owners of minutes

19 The council must inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or not the minutes have been approved.
In accordance with Mr. Oldaker's instructions, his copy of the minutes were to be sent to me.

They have not been received. They are late.

Please comply immediately with the Strata Property Act.

Dr. James Balderson, Ph.D., Q.S.

COLCO: The Coalition of Leaky Condo Owners
www.myleakycondo.com
E JamesBalderson@myleakycondo.com


[Refer to June 13, 2005 letter from Dr. Balderson to Mr. Richard Oldaker regarding this issue.]

Case Studies, Pendrell Place: Defamation of Dr. James Balderson

June 23, 2005

The Strata Council, Strata Plan VR 1008
Pendrell Place, 1819 Pendrell Street, Vancouver B.C.
C/O Strataco Management Ltd.
8553 Commerce Court, Burnaby, B.C. V5A 4N4

VIA EMAIL

Dear Council Members and Owners,

Re: Defamation of Dr. James Balderson

I refer you to my email letter dated May 06, 2005.

The letter was sent to Strataco, the agent of the owners, and directly to various owners of Strata Plan VR 1008.

The letter refers to defamation and states " ... an apology is warranted and hereby requested."

No apology has been received.

Please be advised that I am seeking legal advice regarding multiple defamatory statements published for and by the Strata Council of the Strata Corporation, on behalf of The Owners, Strata Plan VR 1008, in several Strata Corporation documents dated in April and May 2005.

A complete apology by email and by letter delivered to the undersigned followed by the apology being published in the Minutes of the next Strata Council meeting and the Minutes of the next Special and General meeting is requested.

Dr. James Balderson, Ph.D., Q.S.

COLCO: The Coalition of Leaky Condo Owners
www.myleakycondo.com
E JamesBalderson@myleakycondo.com

Condo purchasers lose $391,000 deposit to developer of Carena

IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation:

Coal Harbour Properties Partnership v. Liu,


2005 BCSC 873

Date: 20050614
Docket: S88224
Registry: New Westminster

Between:

Coal Harbour Properties Partnership

Plaintiff

And

Wei Wei Liu and James Chien Shen Liu

Defendants

And:

Parolin & Company,
Coal Harbour Properties Partnership,
Delta Real Estate Services Ltd. and Anthony Li

Defendants by CounterClaim

Before: The Honourable Mr. Justice A.F. Wilson

Reasons for Judgment

Counsel for the plaintiff and
Defendants by counterclaim:

J.C. McKechnie

Counsel for the defendants:

A. Farber

Date and Place of Hearing:

December 16, 2004
February 21, 2005
May 9, 2005


New Westminster, B.C.

I. Introduction

[1] The plaintiff in this action, Coal Harbour Properties Partnership (“Coal Harbour”) is a partnership operated by Carina Properties Ltd., and Coal Harbour Management Ltd. Coal Harbour entered into an agreement in writing dated August 18, 2001, (“the Agreement”) to sell to the defendants, Wei Wei Liu and James Chien Sheng Liu (“Mr. and Mrs. Liu”) two strata lots in a condominium development in Vancouver. The sale was not completed, and Coal Harbour seeks a declaration that the deposit paid by Mr and Mrs Liu, plus accrued interest on that deposit, is forfeited to Coal Harbour as liquidated damages, plus costs. Mr. and Mrs. Liu seek to have the claim dismissed and seek a declaration that they are entitled to the return of the deposit plus interest, on the basis that Coal Harbour breached the contract. Alternatively, they claim that, if Coal Harbour did not breach the contract, they are entitled to relief from forfeiture. They also counterclaim for damages for breach of contract.

[2] On this hearing, there were two applications, both pursuant to Rule 18A. The first is pursuant to a Notice of Motion of Mr. and Mrs. Liu dated August 6, 2003, seeking to have the Statement of Claim struck out, and the claims of Coal Harbour dismissed, and for an order that the deposit and accrued interest be returned to them. The second is pursuant to a Notice of Motion of Coal Harbour dated October 7, 2003, seeking a declaration that the deposit, plus accrued interest, is forfeited as liquidated damages, and that the defendant’s counterclaim be struck out or dismissed. On the hearing, however, Mr. and Mrs. Liu also took the position that the matter is not appropriate for disposition under Rule 18A, and that it should be referred to the trial list.

II. Issues

[3] The issues to be determined on this hearing are :

(a) whether it is appropriate for disposition under Rule 18A;

(b) whether there has been a breach of the contract by Coal Harbour such that Mr. and Mrs. Wei are entitled to repudiate the contract and recover their deposit;

(c) if there has not been such a breach of the contract by Coal Harbour, whether:

i) the deposit is a genuine pre-estimate of damages, or a penalty;

ii) if payment of the deposit was a penalty, was the bargain unconscionable such that Mr. and Mrs. Liu are entitled to relief from forfeiture.

III. Background

[4] The properties in question are two strata lots in a condominium development by Coal Harbour, referred to as “Carina Coal Harbour” at 1239 West Cordova Street, Vancouver. At the time the Agreement was entered into, the building had not yet been constructed. Under the Offer to Purchase and Agreement of Sale, accepted by Coal Harbour on August 18, 2001, Mr. and Mrs. Liu agreed to purchase two strata lots, suite numbers 1201 and 1202, for the purchase price of $1,955.000.00. The Agreement provided for an initial deposit, and two subsequent deposits, totalling $391,000.00, which deposits were paid by Mr. and Mrs. Liu. Completion of the purchase and sale was to take place on a date specified by Coal Harbour following issuance of the certificate of occupancy by the City of Vancouver, and registration of the strata plan in the Land Title Office. The certificate of occupancy was issued by the City in early May, 2003, and a completion date set for May 23, 2003.

[5] The Agreement, the schedules attached to it, and the disclosure statement delivered to Mr. and Mrs. Liu before the Agreement was entered into contain a number of provisions relevant to these applications.


 (More)

Case Studies, Pendrell Place: Council Refuses Attendance

COLCO: Coalition of Leaky Condo Owners
www.myleakycondo.com

June 13, 2005


Dear Mr. Oldaker:

Re: STRATA COUNCIL MEETING JUNE 13, 2005
Your Leaky Rotten Condo
Suite #504, Strata Plan VR 1008, a/k/a, Pendrell Place,
1819 Pendrell Street, Vancouver, B.C., Canada


This will serve to document my surprise a short while ago when you informed me that the Strata Council for The Owners, Strata Plan VR 1008 had refused your request to have me attend in your place as an observer at the Strata Council Meeting scheduled for this evening because you are in Victoria.

As you know, The Standard By-laws provide as follows:

17(3) Owners may attend council meetings as observers.

Presumably an owner can designate a representative to attend on his/her behalf as an observer.

It is interesting to note how finely the Strata Council interprets some matters yet continues to ignore statutory obligations under the Strata Property Act.

One cannot help wondering what the Strata Council does not want you to know.

Dr. James Balderson, Ph.D., Q.S.

COLCO: The Coalition of Leaky Condo Owners
JamesBalderson@myleakycondo.com


[Refer to subsequent letter of June 29, 2005 from Dr. Balderson to the Strata Council et al]

Case Studies, Spinnaker West: Potential legal action

June 12, 2005

The Owners, Strata Plan LMS 0497
Aka, Spinnaker West
2368 Laurel Street, Vancouver, B.C.

RE: LEAKS AND ROT AT SPINNAKER WEST

Further to several previous communications regarding leaks and rot at Spinnaker West, please be advised that Arthur M. Grant of Grant Kovacs Norell, legal counsel for Mary Kagami, the Owner of Strata Lot 3, has written a letter dated June 9, 2005, addressed to Clive Boulton, President of the Strata Council, Strata Plan LMS 0497, aka, Spinnaker West, 2368 Laurel Street, Vancouver, B.C.

The letter contains important information for all owners of Strata Plan 0497, Spinnaker West, regarding potential legal action.

The letter sets out an important deadline: "by the end of the first week of August 2005".

We urge all owners to obtain a copy of Mr. Grant's letter to Mr. Boulton from Mr. Boulton as soon as possible and to govern themselves accordingly.

Individual owners may find it advisable to consult their own independent legal counsel regarding their statutory duties and obligations under the Strata Property Act.

Dr. James Balderson, Ph.D., Q.S.
COLCO: The Coalition of Leaky Condo Owners
www.myleakycondo.com