Dear Owners,
Please see your AGM package below. This information is also being sent via Canada Post today.
Ottawa-Carleton Standard Condominium Corporation No. 815
NOTICE OF ANNUAL GENERAL MEETING
Monday, December 16th , 2013
Marriott Courtyard.
350 Dalhousie St
Laurier Room
Ottawa Ontario
Friday, 29th November 2013
To: All Owners of Carleton Condominium Corporation No. 815
RE: ANNUAL GENERAL MEETING – 90 George
On behalf of the Board of Directors of Ottawa-Carleton Standard Condominium Corporation No. 815 we have arranged for the Annual General Meeting to be held on December 16th 2013 commencing at 7:00 p.m. (registration at 6:45) at Marriott Courtyard Ottawa, Ontario. 350 Dalhousie St. The purpose of this meeting is to consider all matters in the enclosed agenda.
Attached, please find a copy of:
The Condominium Act of 1998, Section 50, Paragraph 1 states:
"Unless otherwise provided in this Act, a quorum for the transaction of business at a meeting of owners is those owners present in person or represented by proxy owning 25 percent of the units."
We urgently request that you sign the enclosed proxy form and return it to us if you are unable to attend. A great deal of time, effort and expense goes into preparing for the Annual General Meeting and it would be very unfortunate if a quorum could not be achieved. Please ensure that all proxies, correspondence, etc. be received by us no later than Friday, December 13h, 2013. For your convenience, you may fax toll free your proxy and nomination form to our offices at 1-866-777-7966, or email them to propertymanager@90georgeliving.com. or by letter, if you require any further information.
Yours very truly,
CAPITAL CONCIERGE PROPERTY MANAGEMENT
Acting as Agents only for the Owners
Dan Fried
Property Manager
*Enclosures
HOLIDAY RECEPTION
Dear Residents,
Please join your fellow neighbours on December 16th 2013, after your AGM for some Holiday Cheer in the lobby of 90 George.
We look forward to seeing you after our meeting.
OTTAWA-CARLETON STANDARD CONDOMINIUM CORPORATION NO. 815
NOTICE OF ANNUAL GENERAL MEETING
Notice is hereby given in accordance with the Condominium Act, 1998 (the Act) and the By-Laws of the Corporation that the Annual General Meeting of the owners of Ottawa-Carleton Condominium Corporation No.
815 will be held at Courtyard Marriott, 350 Dalhousie St. Ottawa, Ontario in The Laurier Room.
At the hour of 7:00 p.m. on the December 16th 2013. Registration to commence at 6:45 p.m.
The order of business is given in the attached Agenda which forms part of this notice.
Quorum
Quorum for the transaction of business is those owners who own 25 per cent of the units of the Corporation and are represented in person or by proxy.
Matters at Meeting
No vote shall be taken at a meeting of owners on any matter other than routine procedure unless the matter was clearly disclosed in the notice of meeting.
Matters of new business may come before the Board of Directors for discussion purposes only. In order to address your questions properly, we would appreciate that you provide your questions in writing to the Manager on or before December 6th 2013 so that a considered response may be given. You may submit your questions to Mr. Dan Fried at the management office or at propertymanager@90georgeliving.com.
Voting
All voting by owners shall be on the basis of one vote per unit. The vote shall not be counted if there are two or more owners of the unit and they are evenly divided on how to exercise the vote. All questions proposed for consideration of the owners shall be determined by a majority of the votes cast by owners present in person or by proxy.
2(two) positions are up for election this year. These positions are to be voted on by all eligible voters.
Election of two (2) Directors
The following person(s) have notified the Corporation that they shall stand for the two (2) positions on the Board of Directors for which all owners may vote. The Chair shall call for nominations from the floor.
Catherine Zongora
1502-90 George St. Ottawa
A proxy need not be an owner. An instrument appointing a proxy shall be for this particular meeting of owners and (i) may be in the form attached to this notice; (ii) shall state the names of the directors for whom the proxy is to vote; and, (iii) shall be retained as a record of the corporation for 90 days following the date of this meeting
Dated at Ottawa, Ontario this 29th day of November 2013.
Dan Fried
Property Manager
Authorized Agent for OCSCC No. 815
OTTAWA-CARLETON STANDARD CONDOMINIUM CORPORATION NO. 815
ANNUAL GENERAL MEETING
Monday, December 16th 2013
A G E N D A
Call to Order 7:00 p.m.
ORDER AND PROCEDURES FOR THE MEETING
minutes of last agm meeting
Annual General Meeting Minutes
OCSCC 815
90 George St.
December 9th, 2012
7:00 P.M.
Board of Directors Present: Janis Grantham, President; Catherine Zongora, Vice
President; Peter Bruce, Treasurer; Himel Mohammed, Director;
Legal Counsel: James Davidson, Nelligan, O’Brien, and Payne;
Auditor: Tuan Le, Ouseley Hanvey Clipsham Deep LLP Chartered Accountants
Property Manager: Dan Fried, Capital Concierge Property Management
Recording Secretary: John Livingstone, Capital Concierge Property Management
The Meeting was called to order at 7:01 P.M.by President Janis Grantham.
The president Introduced the head table and informed the meeting that there would be an election of directors; Jean Louis Bellemare, JonathanGuilbault, Raymond Hession, and Jocelyn Lamarche are the candidates standing for election to three positions on the board, that are open due to the expiry of terms on the part of three present directors.
The president proceeded to announce that a quorum was present, having representation of those present and proxies in the amount of 68 units.
The president announced that notice for the meeting had been appropriately given, meeting the requirements of the Condominium Act, 1998. Irene McQuatt, 502, said she had not received the meeting package, even though she had requested the same.
Jim Davidson said that was not a legal basis to declare that notice for the meeting had not been given.
The Annual General Meeting of OCSCC 815 was thus duly constituted to conduct business.
The minutes were presented. It was moved by P. Kawasaki, 1803, and seconded by F. Beaudoin, 1604, that the minutes of the 20011 Annual General Meeting be accepted as presented. Motion passed.
T. Le, as auditor presented the audited financial statements for 2011 - 2012.
“In our opinion, the financial statements present fairly, in all material respects, the financial position of Ottawa-Carleton Standard Condominium Corporation No. 815 as at June 30, 2012, and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.”
He drew attention to ‘Other Matters’ which says,
“In accordance with Section 67(4) of the Condominium Act, 1988 (The Act), we report that the Corporation has not complied with the requirements of Section 115(4) of the Act, which requires the Corporation to deposit monies received from the owners to be allocated to the reserve fund into a reserve fund bank account. As a result, at June 30, 2012, $370,167 was owing by the general fund to the reserve fund.”
Question: 1803, P. Kawasaki, What is the breakdown of professional fees?
Answer: It is not in the report, but is available upon request; an estimate would be about
85% legal.
Q: 1604, M. Beaudoin, requests a breakdown between legal fees and other fees.
A: 1) We will put a separate entry for 2012 – 2013 on the website.
2) Simply send a request.
Q: 1102, R. Thompson, For clarification, are costs awarded on disputes?
A: J Davidson, Yes, if successful, or in the other direction if unsuccessful.
Q: 1702, M. Sharma, How much are we asking for versus what has been spent?
A: The first year deficit is looking for recovery of $120,000. I don’t know the break down on fees. The reserve fund claim is $3,000, 000. I don’t have the break down on fees. A third claim has been started, but it will likely go to insurance.
Q: 1702, M. Sharma, Where is the break even point?
A: The economic analysis is for the board to discuss.
A: It is why the claim was not taken to legal action until the third year.
Q: 1204, B. Mineault, Why have 100% of dollars for claim if it is not guaranteed? Is reporting it this way really okay?
A:It is recorded as a receivable, potentially still collectable.
Q: 501, J. Gulbault, Is there $460,000 in the reserve fund bank account?
A: No.
Q: 1102, R. Thompson, If the receivables are actually paid, would they bring the account into line?
A: The difference between $370, 000 and $120,000 will be short.
A: The cash of the first year shortfall, plus receivables and what should have been paid to the reserve fund, would be close to a balance.
Q 501, J. Guilbault, Has the amount of money collected by the board actually gone to the reserve fund?
A: No. We have been using reserve funds to pay ongoing bills. We have some reason to believe that some cases will resolve themselves.
Q: 502, K. McQuatt, Is it legal to use the reserve fund in this manner? Are you doing things legally? Once common element fees rise to $3,000 - $5,000 per month owners will take action. We want the money to go to our building. How can we justify what is happening to the reserve funds?
A: That is the reason for special assessments, to meet non-recurring expenses in order to not raise fees.
A: J. Davidson, The Corporation is owed money by the declarant which puts you behind in what you owe. You can pursue it or not. You can issue a special assessment to meet expenses. The board feels you are entitled to receive funds. You can abandon the claims, pay, and move on. That is not what legal counsel recommends.
Q: 1102, R. Thompson, Does the condo board have a fiduciary duty to protect and obtain receivables.
A: J. Davidson, They have a claim on debts from the declarant. There is no absolute obligation to pursue collection. They need to be mindful of their fiduciary duty.
It was moved by 1102. Seconded by 1803 that Ouseley Hanvey Clipsham Deep be retained as auditors for the present year, with the amount ot be paid them set by the board. Passed
President’s Report:
Appointment of Scrutineers:
Rita Thompson, 1102; Gail Ellingwood, 1108; Faos Beaudoin 1604
Q: Why are the terms all two years?
A: J. Davidson, Citing Bylaw 5.5 d), The initial election of board members was two for one year, two for two years, and one for three years, then all subsequent elections would be for three years. The present bylaw says to elect for two years instead of three years. The board may want to consider an amendment to the bylaw. The bylaw can be amended only by a vote of owners.
The president asked for further nominations. When there were none she announced the first election which is by the voting of resident owners only. There are two candidates;
Jonathan Guilbault and Ray Hession.
Jonathan Guilbault introduced himself and indicated why he thought he would be the best choice to be elected.
Q: 1108, M. Snaauw, How can you be elected if you cannot sign the directors code of ethics?
A: Clearly there is a difference of opinion.
Q: 1607, D. Kennedy, Will you have your dad pay the first year overage?
A: It was not comprised of expenses but a free budget statement.
Q: 1102, R. Thompson, Wasn’t your dad on the first year board?
A: The additional services were provisional. I don’t think the board did the wrong thing.
Q: The declarant is one thing. 815 are the owners. You said you would recuse yourself if items are involved with the commercial owner. You would be recusing yourself 80% of the time. You can’t be impartial.
A: I can’t be impartial, but conflicts would be minimized.
Q: Would the honourable thing be to have contact in a collegial manner whether you are on the board or not?
A: Yes, but you can’t replace face time.
Ray Hession introduced himself and indicated why he thought he would be the best choice to be elected.
Q 1803, P. Kawasaki, Will the new board move forward on shared facilities arbitration?
A: In the absence of technical advice, OCSCC 815 is at a material disadvantage. It is not about who’s right, but about what’s right. So, yes, arbitration appears necessary.
Q: 1604, E. Aaron, Can you tell us if mediation had worked it would not have gone to arbitration?
A: Correct. On April 3, 2012, I invited the declarant to lunch. It was a good lunch and we conversed about a possible deal to settle our differences. I offered that this was the beginning of good faith nrgoyiations and offered to meet again in the next day or two. He replied by email to my suggestion to meet again by saying, in effect, that he didn’t have time for this He asked me to deal with Jonathan or Nancy. On two occasions, I tried to contact Jonathan. No reply was received. No further meeting happened, seemingly, coincident with the Real Sports agreement. The OCSCC 815 Board then proceeded to formal mediation/arbitration.
Resident owners were requested to use their white ballots and vote. The vote was taken and counted by the appointed scrutineers
Elected: Ray Hession
It was moved by 1607, seconded by 1503 that ballots be retained for ninety days by Jim Davidson, legal counsel and then destroyed. Passed
The second election was between Jonathan Guilbault and Jocelyn Lamarche. Jonathan had indicated he did not need more time, having already given his statement. There were no further nominations
Jocleyn Lamarche invited questions about himself from the floor.
Q: 180,1K. Dee, Do you have the ability to be firm and deal with a lot of adversity.
A: One of my tasks in my work is making hard decisions.
Q: 1502, C. Zongora, Please quickly review your goal for 90 George.
A: Getting myself familiar with all documents, getting structured so it works.
Q: 1102, R. Thompson, With what we know so far, and bringing different views, what is your position in pursuing arbitration or legal remedies?
A: We need to analyse numbers and set a threshold to swallow the bullet. We have grounds, not just emotion, but we may have to cut our losses and just keep going.
We need experts to tell us what has been done okay and not okay, otherwise we may run into problems in fifteen years. We need to be financially positive; we need to get rolling and have systems in place. With the new property manager we should be okay.
Q: 1504, E. Aaron, Could you give us your background?
A: I am a part owner at Casselman Home Hardware that has become Lamarco Home Hardware. I have a lumberyard. I have a Tarion license. I understand process, and I am now president of that business.
Q: 605, S. Camran, What are the advantages voting for you?
A: I could say I could cut $80,000, but it takes time to develop a schedule. I will apply my knowledge. You need to be prudent and careful in your decision.
Jonathan: The money came from maintenance of commercial equipment.
Q: 1508, A. Witzig, We have heard about amounts paid to commercial units from Jonathan. Jocelyn has the advantage that he has never made promises. I had a conversation with Jonathan about deficiencies in my unit. He sent the person we pay to eliminate deficiencies the builder is responsible for.
Q: 1204, A. Mineault, Did you buy resale or new?
A: Resale.
1204, A. Mineault, Don’t bother Jonathan.
Jim Davidson: Use the pink ballots to vote. Put in one name only. The vote was taken and counted by the appointed scrutineers.
Elected: Jocelyn Lamarche
The president asked if it was the wish of the corporation that Jim Davidson retain the ballots and proxies for ninety days and then destroy them. There was no objection.
The third election was between Jean Louis Bellmare and Jonathan Guilbault. Jonathan had given his statement before the first election.
Jean Louis Bellemare introduced himself and indicated why he thought he would be the best choice to be elected.
There being no further nominations from the floor, the third election was held by ballot. The vote was taken and the appointed scrutineers counted the ballots.
Elected: Jean Louis Bellmare
The president asked if there were an objection to Jim Davidson keeping the ballots for ninety days before destroying them. There was no objection.
Additional questions were invited from the floor:
Q: 1702, M. Sharma, Is it possible to have some kind of supervision for the gym in the evening. Equipment is moved around and not replaced. Is there a camera. We need to address the situation; it is ongoing.
A: We will look into it.
Q: 1604, F. Beaudoin, We have a vandal in the exercise area. There was a hole in the wall that has been fixed and now there is a tear in the ceiling. I strongly suggest cameras. It needs to be made a priority. Also the plant in the pool needs to be watered regularly. It needs more soil. I will arrange for soil.
Ray Hession spoke about the three directors retiring. They have dealt with intractable problems. There was no incompetence on their part. They did the best they could do and should be congratulated. There was general applause. Since Peter had to leave Janis said she would pass the congratulations to him.
Q: 1207, D. Hanna, How many times a year are the windows cleaned
A: Twice a year, Spring and Fall.
Q: 1207, D. Hanna, Could it be done more often?
A: It is very expensive to do.
Comment: We live in a very beautiful building. Our job is to keep it that way and live in harmony in it. We need to find a middle way to get along with one another. General applause.
Motion to adjourn 1103
The meeting adjourned at 9:47 P.M.
OTTAWA-CARLETON STANDARD CONDOMINIUM CORPORATION NO. 815
ANNUAL GENERAL MEETING
December 16th 2013
NOTE ON ELECTIONS OF DIRECTORS
The following are presently serving on the Board of Directors:
Ray Hession President
Catherine Zongora Vice-President- term expired
Jocelyn Lamarche Treasurer
Jean-Louis Bellmare Secretary
Himel Mohamed Director – term expired
Two vacancies will exist on the Board of Directors
Ms Catherine Zongora has indicated her willingness to stand for re-election.
If you are interested in serving or wish to nominate someone who agrees to serve if elected, we urge you to complete the enclosed Nomination Form, and return it to Capital Concierge Property Management in the envelope provided, or deliver to the secretary present at the meeting.
Nomination to 90 George Board of Directors
Catherine Zongora – Re - Election
Dear 90 George Owners:
As a Board member for the last four years, I have gained the knowledge and experience required to provide continuity and to effectively move forward the work the Board has been performing. To date, I have held positions of Secretary, Director of Communications and, currently, Vice President. In addition to my duties as VP and an active and involved Board member, I am responsible for the regular review and updating of the Rules, Resident Handbook, and other governing documents and policies. I am extremely familiar with and involved in the day-to-day operations of the building, and passionate about making sure our residents and staff have the best possible resources and environment possible.
This past year has been an extremely challenging one for all Board members. Together we have been working towards achieving our goals, which in summary include providing a safe, secure environment for our comfort and enjoyment, in a setting that provides for health, respect and neighborliness, all the while achieving a highly valued reputation for our building. All this while operating in a complex environment with financial restraints, and with many issues to overcome.
My professional background as a long-term Director in the Government of Canada has prepared me well for this Board position. My areas of expertise include Information Management (IM), and Human Resources (HR). My IM background includes leading the development and maintenance of information programs, systems and practices, including Website design and implementation of National and International training programs and standards.
I am accessible and prepared to respond to the issues we all face, and, indeed have addressed these issues with many of you. I am committed to seeing through to completion the many initiatives and projects we have undertaken to make our home a great place to live. I am confident I have made and would continue to make a significant contribution to this lovely home we proudly call 90 George. I therefore declare my willingness and consent to stand for re-election to the 90 George Board of Directors.
Catherine
PROXY FOR GENERAL MATTERS AND
FOR THE ELECTION OF DIRECTORS
TO: Ottawa-Carleton Standard Condominium Corporation No. 815 (known as the “Corporation”)
I am (We are) the registered owner(s), of (Address) being unit (the “unit”) or otherwise entitled to vote respecting the unit.
I (We) appoint , if present, or failing him or her, the Secretary of the Corporation, to be a proxy (known as the “Proxy”) and to attend and vote on my (our) behalf at the meeting of owners to be held on the 16th day of December 2013, and at any adjournment of the meeting (known as the “Meeting”).
The Proxy may vote on my (our) behalf in respect of all matters that may come before the Meeting, subject to the instructions set out below, as I (we) could do if personally present at the Meeting.
Elections
I (We) instruct the Proxy to nominate, if necessary, and to vote for the candidate(s) named below, in the order shown, in any elections in which I am entitled to vote at the Meeting.
[Indicate, by placing numbers in the boxes, your order of preference for election of these candidates. If you do not place any number in a box, that means that you do not want your proxy to vote for that candidate.]
__Catherine Zongora ___________ ___________________________
(Candidate's Name) (Candidate's Name)
___________________________
(Candidate's Name) (Candidate's Name)
___________________________
(Candidate's Name) (Candidate's Name)
[NOTE: The Condominium Act says that a proxy for the election of directors must state the name(s) of the candidate(s) for whom the proxy is to vote (in the proxy form when the proxy giver signs it).] [If you are the mortgagee(s) or you are authorized to act on behalf of the mortgagee(s), include the following paragraph:]The mortgagee(s) has/have complied with section 48 of the Condominium Act, 1998 and under that section has/have the right to vote at the meeting in the place of the registered owner(s).
I (We) revoke all proxies previously given.
Dated this ___ day of ____________, 2013 at _____ a.m./p.m.(circle whichever is applicable)
[In the case of a corporation, affix corporate seal or add a statement that the persons signing have the authority to bind the corporation.]
[If you are authorized to act on behalf of the registered owner(s) or mortgagee(s), attach a copy of the document that gives you this authorization.]
PRESIDENT’S LETTER TO OCSCC 815’s OWNERS
Ladies and Gentlemen:
Your board of directors took office in early December 2012 pledging to pursue the following shared vision for the quality of life at 90 George:
During our first three months in office, our time was mainly spent getting our financial house in order – a joint effort led by our Treasurer, Jocelyn Lamarche teamed with Jean-Louis Bellemare assisted by Dan Fried. Soon thereafter we provided you with our budget for the current fiscal year beginning July 1, 2013. That news was combined with notice of special assessments to replenish our Reserve Fund and to bear the extraordinary costs of legal services in our actions against 90 George Street Ltd. We promised then to provide you with reports at the end of each quarter to apprise you of our stewardship and progress. This we have done, hopefully, to your satisfaction.
Most recently, in our second quarterly report, we disclosed the results of the arbitration regarding the first year budget shortfall. They were good results thanks to our reliance on facts and expert opinions presented to the arbitrator combined with the credible and competent evidence presented by Catherine Zongora, current Vice President and Pat Charbonneau., President of Apollo Property Management. This week, we learned that 90 George Ltd. has sought leave to appeal the decisions and awards of the Honorable James B. Chadwick. This anticipated delay will run its course. Our collection action will be swift.
In each of our actions against 90 George Street Ltd, we emphasize again that we act in a businesslike fashion relying only on expert opinions and facts. We expect to prevail in each action accordingly.
The outlook for building operations that don’t involve 90 George Street Ltd. is stable. We will soon see the fruits of our planning and fiscal efforts in the refurbished lobby and more functional gym/meeting/party room facilities. Insurance claim receipts covered these improvement costs.
You are aware of the cumulative impact of insurance claims arising mainly from flood damage. That impact has driven our insurance premium sky high. The board of directors has resolved to manage the corporation’s affairs within the current fee income notwithstanding the premium increase. Similarly, the board has no intention of introducing new special assessments based on what we know today.
Hopefully, over the course of the next year, we will see the unproductive relationship with 90 George Street Ltd come to an end – replaced with a model that puts our residents’ priorities where they belong and one that is made affordable by fair cost sharing going forward and the payment of past obligations.
Our Annual General Meeting is an occasion for the membership to reflect on the effectiveness of board governance. As you do so, I can tell you that today’s board work is complex, requiring close attention to our vision and its priority setting in times of continuing financial restraint. You will elect two board members at this meeting. They will join me, Jean-Louis, Director and Jocelyn our Treasurer. With them, we commit to you our continuing diligence in the conduct of the corporation’s affairs.
We are grateful to you for your continuing support in the unusual circumstances that we all confronted a year ago. Progress, I assure you, is being made. We will persevere in your best interests.
|
Budget |
2013-2014 |
|
OCSCC No. 815 |
Budget |
|
Revenue |
|
|
Condominium Fees |
1230364 |
|
Access Income ( FOB) |
1500 |
|
Sundry Revenue |
5000 |
|
SUB TOTAL OPERATING REVENUE |
1236864 |
|
LESS RESERVE FUND APPROPRIATION |
-204000 |
|
TOTAL OPERATING REVENUE |
1032864 |
|
OPERATING EXPENSES |
|
|
Contracts |
|
|
Landscaping |
2000 |
|
Pest Control |
1000 |
|
Window Cleaning |
10100 |
|
Cleaning |
45000 |
|
Security |
195000 |
|
Management |
60000 |
|
Pool and Fitness |
11050 |
|
Tri sorter |
6000 |
|
Elevator |
12300 |
|
TOTAL CONTRACTS |
342450 |
|
Repair & Maintenance |
|
|
Fire Protection Inspection and Repairs |
2000 |
|
Fitness and Pool |
2000 |
|
Security Systems |
5000 |
|
Waste Removal |
5500 |
|
Chute and Tri sorter maintenance |
3200 |
|
Electrical |
2000 |
|
Cleaning (carpet, tiles, supplies) |
5000 |
|
HVAC/Plumbing |
18000 |
|
Elevator |
8000 |
|
General Building |
38000 |
|
TOTAL R&M |
88700 |
|
Administration |
|
|
Telecomunications |
7000 |
|
Technical Consultant |
20000 |
|
Legal Fees |
20000 |
|
Audit |
9000 |
|
Directors education |
500 |
|
Web site |
1200 |
|
Security Special Events |
3000 |
|
Office |
4000 |
|
Bank Charges |
1000 |
|
Insurance D&O and deductibles |
20000 |
|
TOTAL ADMINISTRATION |
85700 |
|
Budget |
2013-2014 |
|
OCSCC No. 815 |
Budget |
|
Shared |
|
|
Shared - Common Area Cleaning |
12000 |
|
Shared - R & M Facilities |
18750 |
|
Shared - Emergency Generator |
7500 |
|
Shared - HVAC Equipment |
50000 |
|
Shared - Insurance |
50000 |
|
Shared - Administration |
20000 |
|
Shared - Gas |
78000 |
|
Shared- Hydro |
207000 |
|
Shared- Water |
53000 |
|
TOTAL SHARED COSTS |
496250 |
|
TOTAL OPERATING EXPENSES |
1013100 |
|
NET PROFIT/LOSS |
19764 |