what looks to us like a leak after there has been rainfall. This has been a problem here year in and year out for about 4 years now. It stands to reason that it devalues property values and stigmatizes the entire complex - even if this wall does not actually fail as a result until after the 10-year warranty expires.We don't know if this mark is caused by a defect in materials, design, or labour - as council has not provided the owners with an understandable explanation of the cause - but we do know that it is caused by something. We also know that the building envelope professionals have had years to fix the problem and have failed to do so.
What with the new rainscreen drainage and 10-year warranty I was disappointed that owners were persuaded to vote for vinyl cladding by the notion that some buyers might be afraid of stucco or that vinyl was cheaper and easier for the building envelope professionals.
Stucco is a more expensive cladding than vinyl siding (initially) for very good reasons.Properly applied stucco is fireproof, lasts long-term, retains its looks, does not require frequent cleaning, and is not an envirnomental disaster like vinyl. It probably insulates againsts heat and noise better also.
I was surprised that owners were persuaded to pay for stone cladding in areas covered by the bushes screening the ground level windows for privacy - instead of being given an opportunity to vote to decide on whether to upgrade the ground level windows to security glass, wood staircases to cement, to match phase 1 and 2 to the higher of each other's standards, including the ventitlation. Instead standards were downgraded, by surprise, without a vote or any record in the minutes, in large part to less than half the original quality. It was shocking.
The only significant changes that the owners had any kind of meeting of the minds on when they gave their 75% approval was to add the rainscreen drainage cavity, change the cladding from stucco to vinyl, cement board, and stone, change the windows from sliding to casement, change the colour from multi-colored pastels to earth tones, and redesign the balconies from solid to metal and glass enclosures. Having requested clarification at the meeting prior to voting, it was my very clear understanding that repairs and reinstatement of any unavoidable damage to the patios or loss to the landscaping was part of the project, but extra decks were not, and cutting down millions of dollars worth of trees was too unthinkable for anyone to even mention. I am sure that it occurred to no one, or no more than one, that the hydro kiosk in front of Unit 409 would be just left covered in blackened stucco for years, while the vinyl cladding was left laying in piles on the ground before disappearing.
The drawing lists for the building envelope rehabilitation specify the details for balcony and patio repairs. The balconies were done, but not the patios. Boards were removed from the patios to accommodate work and then just left in a pile without being re-installed. The existing framing of the patios was just fine, but then they were torn apart, vandalized, and left derelict for years.
Special levy funds were diverted and spent on unauthorized changes to the use and appearance of the common property that are so numerous and so extreme that little, if anything, from the original state of the property is recognizable.
Unit 409's strata plan deck pickets were long and closely spaced because that provided more privacy, less maintenance, greater pet security, and twice the quality. Our original patio was skirted with beautiful low maintenance landscaping which was expensive and valuable and corruptly destroyed.
There was no vote to repair the strata plan balconies with the building envelope and vandalize the strata plan patios by leaving them dismantled for years and then totally destroyed, and no vote to spread out the spacing of our privacy pickets from 4 inches on centre, the same spacing as the lattice on the trellis, to 5.25 inch spacing.
There was no vote to take closely spaced privacy pickets from us to give
free pickets to others to further enhance their unfunded illegally added extra decks
no vote to replace it with hoke little gates and stairs and mismatched railings on high profile frontage
There was no vote approving special levy funds for any of these costly ill-conceived special interest projects. There was no vote to change the use or appearance of the landscaped common property from what it was when approving the special levy or the building envelope project.
The resultant 2-tier division between balconies maintained by strata fees and strata plan patios maintained by a do-it-yourself bylaw contrary to the provisions of the Strata Property Act at the expense of the victims who pay 25% higher strata fees and get so much less than those who exploit them.
There were no votes for these changes because it was obvious that motions would fail if owners were asked to approve cutting down mature trees, tearing out expensive and valuable landscaping, changing doors from swing-in to swing-outs, down-grading strata plan decks, or eliminating matching cladding on hydro kiosks. Owners were tricked into approving a change order to a lower grade balcony membrane than was in the specifications only to have the savings diverted and spent along with the budget for landscaping reinstatement and a huge special levy surplus on destruction of landscaping and demolition and reconstruction of unfunded illegally added extra decks for the exclusive use and benefit of others, none of which the special levy was collected for, and all of which threw the common property into a horrific shambles for nearly 5 years.
409's use and enjoyment of the common property
was spoiled by 508's grossly unsightly illegally built extra deck
this blight on the landscape
went from bad to worse
when council refused to enforce the bylaws
or restore our view by planting a screen of greenery
it became progressively more obtrusive
as did 510's
Neither of the owners of these units saw fit to recluse herself from blatant conflict of interest while acting on council in violation of the bylaws and diverting other people's special levy funds to reconstruct illegally added extra decks at the strata's expense for their own benefit to avoid paying user fees.
The added expenses for the extra deck in front of this unit include: demolition and disposal, reconstruction, and within about a year, demolition and reconstructioon again.
Although council would not approve a 16 inch extension to restore the function to 409's deck, they had no problem paying for repeated demolition and reconstruction of this much larger extra deck, as well as approving a garage enclosure to this same unit - with no mention of the disparity in strata fees and special levy funding - or oppression of Unit 409 - or a 75% vote of owners for the extra deck and garage addition.
Based on the information provided by council it would seem that now that the special levy funds have been all used up on special interest projects for these most privileged new owners, those who paid the special levy have to kiss their money goodbye and come up with more money now to replenish the landscaping budget
WE THINK THERE IS SOMETHING VERY WRONG WITH ALL THIS
Owners were told that the strata plan decks were included in the building envelope contract the same as balconies, and I specifically asked at the meeting right before the vote to approve the special levy if extra decks were included. The answer was no. We were given to understand that the scope of work and funding was limited to the strata plan.
I asked that the motion be amended to confirm that and the owners were told that the wording could not be changed without going back to the lawyers for approval, sending out more notices, and having another meeting and further expense. We therefore voted to approve the special levy relying on oral assurance that extra decks were not included.
Although there is no way to go back in time, it was obvious that most owners were not willing to vote to pay more money in order to reconstruct illegally built extra decks for the exclusive use of other owners, who each had strata plan balconies already and who were not paying one dime more for their extra deck than those without one. I know with certainty that I was already paying so much more than they were and getting so much less that I would never have voted to approve the special levy under such terms.
After the special levy was approved documents that I was denied access to and that owners were not told about reveal an estimate for 40 decks at $4,000 each. There are nowhere near 40 decks on the strata plan. In Phase One there are about 16 and in Phase Two I think there are about 8 decks and 8 cement patios. When I counted the illegally built extra decks there were 17 of them, one of which was later removed. Deck reinstatement was coersively delayed for years
exposing most owners to undue hardship, forcing many to sell in adverse circumstances, exposing the strata corporation to horrendous liability risks. Special levy funds were then diverted from landscaping to extra decks - spearheaded by the owners of units with extra decks.
Our deck was left in a dysfunctional state while extra decks and extra garages were approved and build for others - at my expense rather than their own
This cement looks like it was poured to impede growth of nearby trees or plants
Our original deck was maintenance free and sound except for the railings, and it was much better in quality and design than its high maintenance dysfunctional replacement.
One small splinter that could be easily remedied
was used as an excuse to spoil it with this replacement board
The building envelope professionals and strata council came up with large figures for the special levies but made significant changes and misrepresentations regarding the information they provided to owners in asking for our 75% vote of approval
Serious breach of contract:
PROJECT SPECIFICATIONS
Building Envelope Rehabiliation
At commencement of work protect all fences, trees, shrubs, and landscape elements from incidental damage. Identify in advance any fencing and landscaping element that will prevent the timely undertaking of the work. The Owner will make arrangements for removal and reinstatement...
These trees did not survive the weight as their roots
seemed to be crushed and smothered with stacks of wood
stored on top of them over such a long period of time
http://extension.missouri.edu/explore/agguides/hort/g06885.htm
The affected trees were all dead within a year
PROJECT SPECIFICATIONS
Building Envelope Rehabiliation
Every attempt shall be made to preserve the existing mature trees. Identify the trees that will interfere with the timely undertaking of the work. The Owners will make arrangements to trim and/or strap these trees whenever possible.
Essential trees planted by the landscape architect were cut down, instead of being trimmed or strapped, until I went screaming to the city. Now the special levy funds budgeted for reinstatement of the landscaping have been spent.
This tree, which is not part of the landscape design, was spared. Thankfully, something was spared. I didn't see anything strapped.
****
New front entrances with:
- patches of stucco - big (kiosks) and small (front doors)
- landscaping irreparably damaged - a shocking cost
- dyfunctional taps - under warranty?
- address numbers not visibile to visitors - under warranty?
- blemished weather stripping, and
- peeling paint - no under defective labour or materials warranty?
- crooked flashings - not under defective design warranty?
The weather stripping was never replaced around our front door
Visitors ring our door bell and then wait looking at mismatched stucco and paint around our front door
Since October 2001 the strata corporation was repeatedly advised that any stucco in sheltered areas that was not replaced with rainscreen would be overclad with siding - so it came as a surprise to owners when stucco was left visible on the front entrances of the lower units - not enough to significantly reduce costs - just enough to create the kind of patched-up first impression at front entrances most likely to impede sales and reduce property values
The 2 stucco clad kiosks, which previously matched the stucco clad buildings, were not covered with siding either. They was silently - and surprisingly - omitted. Over 3 years later siding to cover this kiosk and the front entrance around our door remains in storage.
After a year or so the hydro kiosk was pressured washed. After another year or two it was painted. By 2009 the paint sprayed on the cladding was removed, and Mr. Mac annonced at an Owner Information meeting on January 28, 2009, that the strata corporation can "save a lot" of money by hiring an owner for painting. However, considering all of the associated damage and costs, we believe that cladding the kiosk to match the buildings as it did originally would "save a lot" more.
Lots of siding fell off - lots more went into storage
Our original windows could be locked while they were open, and the ground floor window seemed like some kind of security glass.
I found out about the glass when I locked myself out and swung a hammer at the window in our room downstairs. Instead of breaking, the hammer just bounced off like the glass like it was rubber. As a woman who is often alone at night, I requested that the replacementwindows have the same type of security. This was denied and ordinary glass was installed in spite of my offer to pay for an upgrade.
****
Owners were told the balcony membranes would be twice as thick as what was installed
****
Unit numbers on the lower units were moved out of the light where they are not seen at night
This light is turned on automatically each night and is on every lower unit throughout the complex on a wall that is in the line of sight of approaching visitors, the same as the original light. Unit numbers were originally on this wall - where the light shone on them
and visitors could see them at night as they made their way through the complex.The numbers on all the lower units were moved off of this original wall and out of the light - to a dark wall - which faces away from approaching visitors on all of the eastern units making it difficult to find. At night it is far more difficult for visitors to find their way through the complex.
This is how our unit number looks in the evening with all of the automatic lights turned on throughout the complex - which is, of course, only if the traveller happens to look back and is fortunate enough to see the number at all.
After the numbers were moved I saw people using coloured lightbulbs and balloons to mark their unit. We give guests detailed directions and exact instructions on when to either get out of their car or turn around to see our unit number.
When we are expecting visitors we turn on our own porch light and tell them to look backward from their approaching line of travel to find our unit number.
Hanging a brightly coloured wind sock helps - but only at bit
Although people coming to our door don't notice our unit number on the wall facing away from their search, they do notice the small area of stucco that was not covered with siding as they stand at our front door.
The writing on this white vehicle said that it was some kind of ambulance. I saw took the picture when I saw it creeping through the complex - assumably searching for an address in broad daylight. It begs the question - are obscure building numbers just a trivial annoyance to pizza delivery drivers - or could they be a more serious matter - like life and death?
Only time will tell. Odds are that the engineers and architects and short term investors will be long gone by then. As for me? Well, the older I get the more concerned I feel about such issues.
Address numbers on lower units were originally located on the garage under the light where emergency services, first time visitors, and delivery services could see the numbers easily, day and night, whether your unit faced east or west.
Moving lower unit address numbers during the building envelope project to a dark surface in a location with poor visibility increases emergency response times - when seconds count. If the ambulance can’t find you they can’t help you – now especially true for east facing units - like 409.
Selling your unit? When potential buyers can’t find the address it gives a negative first impression that contributes to the stigma that has been surrounding Sunridge Estates since 2003.
More visible addresses help the whole neighborhood, showing first time visitors if they have gone too far or not far enough down the road.
Revised residential building codes for new construction are requiring illuminated street address numbers in cities and towns across the state of California. http://www.addressled.com/
409 wants the original location of our address numbers reinstated back onto the garage and we want them LED lit so they are more visible on the dark new surface.
February 4, 2007
I wrote to Morrison Hershfield, Heatherbrae, and the Condo Advocate requesting that they repair the deficiencies and provide details of any change order to the scope of related work. I complained about the defective taps, doors, house numbers, and scarring to the new threshold from the door scraping it and pointed out Strata Council Minutes, dated November 30, 2007, which state that with regard to:
- project deficiency, “It was the understanding of Dave Fookes of Morrison Hershfield that this issue had been concluded” and
- structural damage, Morrison Hershfield and Heatherbrae “investigated these complaints and did not find them valid.”
February 19, 2007
I sent a reminder, but received no reply, retraction, or correction; except for the dismantling of our deck to reconstruct the sinking retaining wall, followed by the big hole dug at the northeast corner to add a reinforcing beam underneath our building when it kept sinking
Within only a few months after adding the reinforcing beam our building seems to be sinking again - for the 3rd time - first in 1988 right after it was built - and twice more since 2006 - after the surrounding trees were removed and not replaced
In 2006 realtors said "landscaping in the spring."
In 2007 realtors said "landscaping in the spring."
In 2008 realtors said "landscaping in the spring."
In 2009 realtors said "landscaping in the spring."
I think that approximately half of the 68 owners couldn't wait and sold with the landscaping still in a shambles - most while the common property was littered with derelict decks - others tried to sell and are still trying - but could not, and still cannot, get out at below market prices due in part to over 4 years of bare dirt and viralent weeds.
This should never have happened. There was ample protection for the landscaping in the building envelope contract and project specifications. There was an ample budget in the special levy for corresponding reinstatement. There was no 75% vote of owners that would allow the reckless and willful destruction that took place, nor were the associated costs authorized.
There was no landscaping in the spring, at least certainly not around unit 409. Funds were diverted from landscaping to special interests contrary to the bylaws including the demoltion, disposal, and recontruction of illegally built extra decks. It seems likely to us that the corresponding stigma on the reputation of this complex will be difficult, if not impossible, to overcome.
We want owners and strata agents to obey the law.
In fact, we would have thought that in a residential strata complex neighbours and members of council would behave themselves in a manner that would not damage property, not make parents ashamed, and not set a bad example for children.
What with the world wide web opening up communication like never before, one would think that professionals would behave themselves in a manner that would not cause foreseeable harm to their reputation if a light was shone on their conduct. One would also think that freedom of speech and fair comment in the public interest would not be silenced by intimidation and paralyzing fear of slapp suits - or the furious tantrum of a rogue.
We want our agents to honour the terms of their contracts and for owners to be respected and to recover some compensation for million-dollar mistakes and criminal misconduct by strata agents, directors, and officers. We want to live in safety and peace.
