Vancouver, Pendrell Place: BCAssessment Authority Appeal Panel reduces 2008 values of condos at Pendrell Place because of unfinished rehabilitation work

* Leaks, Rot, Mould and Fraud *



February 28, 2008


Dear Mr. Oldaker,


Re:   BC Assessment Authority Appeal Hearing Panel today at 10:30 a.m.

          Penthouse 4, Pendrell Place, 1819 Pendrell St., Vancouver, BC, Canada

          Strata lot 22, Strata Plan VR 1008 aka Strata Plan VAS 1008


This will confirm that I, along with Mr. Rudy Eylmann CIA, from the Coalition of Leaky Condo Owners attended the Hearing on your behalf.


I advocated that the value of the Building portion of the assessment for your Penthouse should be reduced to a nominal value of $1,000 because it has been uninhabitable since June 2000.


The following documents were provided to the Panel and BCAA, accompanied by brief narrative comments by yours truly:


          Photo, Mr. Richard B. Oldaker in Penthouse 4, Vancouver Sun, November 17, 2001;


          “Condo chaos bred a nightmare”, Vancouver Sun, November 17, 2001 (extract);


          Photo, Mr. Rudy Eylmann inspecting Penthouse 4, posted to Blog November 15, 2005;


          City of Vancouver Letter, “complete this work, within 30 days”, July 5, 2007;


          Media Alert, “CTV’s W-FIVE investigates leaky condos and other shoddy new homes”, November 1, 2007;


          “From Haven to Hell”, interview with Mr. Oldaker in Penthouse 4, CTV, November 2, 2007;


          Judge Crawford’s decisions: 2003 BCSC 1900 and 2004 BCSC 63;


          Levelton Engineering’s Report: East Wall Condition Assessment, November 21, 2005;


          The Court of Appeal decision: Hamilton v. Ball, 2006 BCCA 243;


          Madam Justice Gill’s decision: Oldaker v. The Owners, Strata Plan VR 1008, 2007 BCSC 669.


(All of the above documents are available at BLOG.)


The Panel was advised that 2007 BCSC 669 was under reconsideration with a decision expected any day.


The Panel was advised that other lawsuits claiming damages were outstanding.


BCAA did not oppose a reduction in the 2008 Assessed Value of Penthouse 4 and left the amount to be determined by the Panel.  BCAA acknowledged that J.P.Daem of Strataco Property Management had informed BCAA by letter that the building envelope problems at Pendrell Place had been fixed, when they obviously had not been fixed.  BCAA acknowledged they had not inspected Penthouse 4, but had relied “on the file”.


The members of the Panel seemed stunned.


They wanted to know if other condos at Pendrell Place were uninhabitable: “No”. If other condos were damaged and fixed: “Yes”.  Why the owners had not fixed your condo while fixing theirs: “They chose not to; ask them”.  The estimated cost to fix the inside of Penthouse 4: “About $50,000”.  The estimated cost to fix the remainder of the east wall that is leaking and a hazard to passers-by plus the cost to seal the concrete:  “About $300,000, perhaps more.”  The cost of outstanding litigation: “Unknown”.


The Panel adjourned to formulate a decision.


When the Panel returned, the Chairperson announced a decision with the following elements:


A reduction to fix Penthouse 4: $50,000;


A reduction to fix the east wall and seal the concrete:  $300,000;


A reduction in the value of Penthouse 4 equal to 6% of $300,000 (your proportionate share); and


A corresponding proportionate reduction in the value of the other 21 strata lots;


An additional reduction to the value of Penthouse 4: $30,000 for contingencies.


The panel directed BCAA to provide you and all the other owners with a revised 2008 Assessment Notice.


You (not the other owners) have the right to appeal the Panel’s decision upon payment of $30.


The other owners of Pendrell Place may want to thank you for achieving a reduction in assessed values and property taxes for their leaky rotten condos at Pendrell Place.


BCAA would like further documentation to substantiate the estimated cost to repair the east wall and seal the concrete.


The Chairperson found the photos and documents very helpful and suggested that you take pictures in July 2008 and October 2008 in preparation for a possible appeal of the 2009 Assessed Value, especially if the required work has not been done and you still do not have an occupancy permit.


I suggest that you arrange for BCAA to inspect Penthouse 4 just prior to July 2008 or October 2008.


It will also be helpful to provide BCAA with copies of new court decisions.


Yours truly,


Dr. James Balderson PhD, QS










Vancouver, Pendrell Place, Case Study: Leaky condo for sale; MLS Information incomplete; realtor asked to provide full disclosure of contingent liabilities

* Leaks, Rot, Mould and Fraud *


February 27, 2008


Dear Mr. David Crawford aka Mr. Downtown:


Re:  MLS Information: Pendrell Place, 403 – 1819 Pendrell St., Vancouver BC


Your MLS Information is reproduced below for ease of reference.


You failed to mention the following:


>Pendrell Place is a leaky rotten condo complex.


>The present owners are facing significant contingent liabilities.


>Hundreds of thousands of dollars will be required to rehabilitate the defective common property.


>Tens of thousands of dollars will be required to rehabilitate the uninhabitable interior of Mr. Oldaker’s penthouse (Strata Lot 22).  Mr. Oldaker has been deprived of the use of his condominium at Pendrell Place because of leaks, rot and mould for eight years.


>Furthermore, depending on the results of several unresolved legal proceedings, some of the present-owners, and some of the past-owners, and perhaps others, may have to pay thousands of dollars in damages and court-ordered legal costs.


For more information about Pendrell Place: Vancouver, Pendrell Place, VR 1008, 1819 Pendrell Street


Please provide full disclosure to potential purchasers.


Yours truly,


James Balderson




Further Property Details

West End, Vancouver West

Price $429,900.00
Pendrell Place a spacious 2 bedroom suite. Located just steps to Denman street shopping, restaurants. Enjoy a stroll around English Bay and Stanley Park. This suite features 869 sq ft with newer carpets & paint 2 years ago, and new appliances. A solid concrete building. Enjoy a mountain view from your large North and West facing balcony. Great tenants who would like to stay.


REALTOR®: Crawford, David J RE/MAX Masters Realty, (604) 418-7653