FAQx – 138 East Hastings

Just the Facts 2022!

Quick Notes

There are a lot of questions about what’s happening right now.

I am answering to the best of my knowledge the ones that have been sent to me.

How Did Scott Get on Council?

Scott holds a 3 year lease on a unit in the buildling. He does not live there. If a person has a minimum 3 year lease for a unit they are eligable to sit on council.

Before the AGM Scott collected 14 proxy votes. The FJL Housing Society holds 18 votes. That totals 32 votes.

At the AGM a total of 56 votes were present. That meant Scott and FJL controlled the 50/50 voting process which is used to vote in council members.  So Scott was voted in.

The voting of council was legal and above board. It doesn’t matter if people feel it is a conflict of interest because it was legal and so it stands, or stood before everyone on that council resigned within a month and a half. Scott was the first to resign – 15 working days after the AGM.

What is a Proxy?

If you are an owner and cannot or do not wish to attend meetings and vote, you may assign someone else to vote for you. When that person votes for the owner, it is called a proxy vote. Legally, there is no limit to the number of proxies one person may hold — collecting many proxy votes is called proxy farming.

Did Meeting Minutes leave out discussions about terminating Scott's contract?

No. The termination of Scott was not discussed at a bimonthly council meeting: Those meetings are every two months and a lot of work gets done in-between. The pre-AGM council discussed amongst themselves. And it appears the post-AGM council did the same. They both arrived at the same decision.
Council Minutes reflect what was said at a council meeting. So since this was not discussed at a meeting, there would be no record of it in the minutes before the decision.

Should the Building Manager be an Employee?

The building manager position has been a contractor position like every other contractor. We have not had employees at strata to my knowledge.

Building Manager as an Employee
1. Strata would have to insure them. For a building manager position, the person would have to be bondable.
Is the person who wishes to be an employee bondable?

2. This would be an extra cost to strata – accounting and record keeping that we would be paying for.
Does strata wish to incur all the extra cost of accounting for employees for just one employee?

 

Better Idea – Stay Contractor and Join the Canada program for Self-Employed EI
Scott said he only wants to be an employee for the EI. Not for any benefits.
Canada now has a program for self-employed people (contractors) to pay into EI
Any self-employed person now may join this program, pay into EI and be eligible for EI.

Why is This a Better Idea?
1. The manager remains as a contractor.
2. As a contractor, the manager may write off business expenses: office, vehicle, safety clothing, gas, insurance…
3. As a contractor, the manager can decide how much they wish to put into EI and save the rest.
4. Basically, as a contractor the manager has more flexibility (have people work for them to fulfill the contract, as Scott does, etc.), can still write off business expenses (which one cannot as an employee) and pay into EI so they are covered. Win Win.

 

What Damaged The Loading Bay Gate?
I believe the gate has been damaged by people trying to break through it to get inside the loading bay.
 
But Scott’s van also damaged the gate. Scott uses the loading bay for his big van and at one point someone driving the van pulled out of the loading bay and the some pointy things on top of the van caught on the gate and pulled it and wrecked it. This was on February 20 at 4am because we received a complaint due to all the noise.
 
Complaint Received About Scott’s Big Van Damaging Gate and Further Noise
I am not sure if I can share the exact complaint but it included a video documenting this. The complaint documented Scott moving his van out at 4am, clipping the gate while exiting, and then reversing to get the gate off the van. And once the van is out, then backing into the gate or building (it was hard to tell in the video). Between 4-6am the van returned multiple times and at 7am Scott and another person starting “banging away” at the gate to attempt to fix it. This was on a Sunday of a long weekend, so what Scott was doing using the loading bay at that time is unknown.
 
Scott claims he fixed that damage, although that is impossible to confirm, so who knows if that damage is part of the ongoing gate issue to this day. Why was Scott use the loading bay for his van and why did he move it at that time of the morning, I do not know. To my knowledge no ICBC claim was made because Scott said he repaired the gate
Washers and Dryers for Third Floor and Others

The units owned and rented out by FJL Housing Society do not have washers and dryers. And some other units do not have washers and dryers. In 2019, when I moved into the buildling, Scott told me that strata spent thousands of dollars sending a plan to the city to put a laundry area in one of the bike rooms (I think that was the location). The city rejected the proposal and turned it down; with the city and consultants the winners of the money we spent pursuing that.

Washers and Dryers are Not an Assurance Against Pests
It has not been shown that a washer and dryer will keep pests under control. This has already been proven by the pest company report about a unit on the third floor that did have access to the illegal washer and dryer unit setup in the loading bay. The pest control report about the unit was not favourable as to overall cleanliness of the unit which is the first step in pest control

Similar To People Having a Car and No Parking Space
While it is unfortunate that some units do not have washers and dryers in them, I equate it to parking spaces. Some people have a vehicle yet do not have a parking space with their unit, so they must find a space to rent.

If FJL wishes to propose a solution to their units not having washers and dryers, then strata will listen and work with them and possibly a commercial space that could accommodate washers and dryers. But it is not the place of strata to provide washers and dryers for any unit which does not have a setup, anymore than it is strata’s job to provide parking spaces to units that do not have those.

Committees

It has been suggested that council have committees to help the workload. That’s a great idea except no one I’ve asked has offered to be on one. eg. Garden committee. I was asked to oversee the garden plot rentals this year. I do not garden. People asked me about things at the garden. I contacted Charly but never heard aything back. I asked people if they would consider forming a garden committee and they could bring issues and requests about the garden to me and I would take them to council. People thought it was a great idea, but no one stepped forward. And I get that. We are all so busy. Absolutely I get it.

So while the idea of committees is great, it is hard to find anyone with time. And everyone on council is already working very hard just to keep up with all the current issues. If anyone out there wants to form a committee about anything to help out at the building, council would welcome a conversation.

Website Disclaimer

This is my experience and I am doing my best to be accurate. Please do your own research and don’t take any of this as anything official.

If I can help further or if you have any corrections / edits / comments please drop me an email. jn@138easthastings.com. Peace out.

Jayun  //  jn@138easthastings.com

 

Peace.