Sunday, April 5, 2009

Project Overview

The building envelope repair project for Sunridge Estates started in 2002 and was substantially complete in 2005. The first special levy was approved in August 2004, and, including legal fees, nearly 6 million dollars was paid into the project, with the cost to Unit 409 being almost $100,000.

In violation of express protections provided in terms of the project contract, hundreds of trees were needlessly removed  to create panoramic views, contrary to s.71 of the Strata Property Act and restrictive covenants that run with the land, destroying a valuable urban forest in blatant disregard of geotechnic, privacy, esthetic, economic, and legal concerns. Some trees were killed by exposing their roots and crushing them under deliberate storage of heavy weights during the building envelope project - but most were systematically eliminated during the next five years, transforming what had been beautiful park-like landscaping into a scandal and unrecognizable embarrassment.

With then realtor, Al Macleod, directly and indirectly at the center of strata affairs from 2003 to 2013, a few rogues formed a corrupt alliance of scofflaws. During this period it was shocking to see Mr. Macleod and Georgia Title permanently destroy millions of dollars of work by registered landscape architects to create their own preferred views, and my neighbours Sherrill Berg and Mae Reid, city politician, avoid paying user fees by diverting about half a million dollars of surplus special levy funds to build extra decks in 2007, contrary to the law and against the AGM direction of owners who paid the special levy.

The common property was left  looking like a war zone for over 5 years, from 2005 to 2010, during which time I was increasingly alarmed as a sudden rash of buildings sinking, underground pipes breaking, and pavement cracking developed as the roots of removed trees that were not reinstated or replaced decomposed. 

Owners fled in droves while Al Macleod advertised "panoramic" views and "bonus" decks for sale and avoided paying user fees for taking common property for his own exclusive use by offloading the cost of demolition, reconstruction, and maintenance of rotting illegally added extra decks onto others. Even though almost all of those selling boycotted him as a realtor, Al MacLeod still managed to profit from about half the sales by acting on behalf of buyers taking advantage of hardship sales at fire-sale prices.  

AS I COMPLAINED - THE STRATA MANAGEMENT TEAM ATTACKED

When I complained about lack of repairs and maintenance and significant changes in the use and appearance of common property after the building envelope project Mr. Macleod told me that he had a right to act against critical owners, and he and Georgia Title had beautiful sound trees that I had managed to protect and preserve around Unit 409 cut down, in full knowledge of their value and importance to me and to the geotechnical stability of the surrounding land. Our property was vandalized repeatedly, and our lives have never been the same.

I was charged $500 for a $15 air vent to accommodate COPD, and once my lungs were known to be sensitive they were subjected to a chemical assault where large gaps around replacement windows and doors THROUGHOUT the INTERIOR of our home were filled with toxic sealant formulated for EXTERIOR use. The extortion and assault were obviously criminal, and the project manager returned my cheque to me, uncashed.

It was not just that the formulation was toxic - the amount used was so excessive that the sealant hung down from the top of our windows like valences and rolled down the sides like swags. The fumes poisoned our air so much that I had to move to a motel. This was only done to us, after I told the strata management team about the vulnerability of my lungs. It was not done to any other unit, at least not to my knowledge after 10 years' of complaining about it to anyone who would listen.

The strata management team responded to our complaints by trying to destroy evidence and  threatening us with lawyers if we tried to defend against what appeared to be a targeted assault. After the strata eventually "remedied" the "mistake" by replacing the gobs of exterior formula with an interior formula applied over backer rod, with no apology or admission of responsibility. we had to keep our windows open for nearly a year, including the winter, until the residual fumes finally dissipated, and my lungs have never felt the same as they did before. 

Excerpts from the Criminal Code, C-46

“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

“complainant” means the victim of an alleged offence;

“weapon” means any thing used in causing injury to any person, or for the purpose of threatening or intimidating any person.

21. Every one is a party to an offence who actually commits it; does or omits to do anything for the purpose of aiding any person to commit it; or abets any person in committing it.

180. Every one commits a common nuisance who fails to discharge a legal duty and thereby causes physical injury to any person, is guilty of an indictable offence.

219. Every one is criminally negligent who in doing anything, or in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons.

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence.

245. Every one who administers or causes to be administered to any person any destructive or noxious thing is guilty of an indictable offence if he intends thereby to aggrieve or annoy that person.


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After the building envelope repairs were completed hundreds more trees and most of the landscaping was destroyed, patios were sabotaged, and fraudulent misrepresentations were normalized.

Owners sold as they could not afford to lose years of property value while the real estate market was skyrocketing and peace and enjoyment and money they paid in good faith was effectively stolen by the strata management team, most notably, Al MacLeod, Coquitlam City Councillor Mae Reid, and her "friend" Councillor Sherrill Berg, to name a few of the most prominent members.

 Limited common property was misrepresented, repairs and maintenance were sectioned off, downgrading and excluding strata plan patios for years while balconies were upgraded, repaired promptly, and fully maintained. Exterior water taps were not extended as specified, marine enamel was replaced with primer, design and material defects, material downgrades, and years of inexcusable delays prevailed while the strata management team ignored facts and law and warranties

Those who paid the most got less than they bargained for, while those who paid the least and took the most at the expense of others got more than they bargained for, and those who complained were viciously attacked without mercy.

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