VPD Project Access Strata Files
Concerns From Legal and Insurance
January 30, 2023 – From Strata Legal Alison Baker to FSR Miroslav Babjarcik Strata Manager
The strata corporation has no authority to waive claims on behalf of the residents. Beyond that, I don’t have any knowledge of the extent to which the strata corporation would be able to bring a claim against the police…
I would be concerned that agreeing to the terms below would prevent the strata corporation from bringing a claim where there is a legal basis for doing so.
January 18, 2023 – From BFL Canada Insurance to FSR Galen Porter (unknown title)
We do recommend obtaining independent legal advice.
Further to our legal team’s review, they recommended bringing up a few key points:
-
Does the VPD require any specific insurance requirements fro this agreement?
-
We recommend getting independent legal advice about the impact of the following:
LIMITATION OF LIABILITY… the Counterparty now agrees on its own behalf and on behalf of the Building Group not to sue or make any legal claim against the VPD and EComm Group for anything arising under the MOU and to reimburse the VPD and EComm Groups for any costs arising from anyone within the Building Group suing or making a legal claim against the VPD and EComm Group under this MOU
Strata Files Pertaining to VPD Unsupervised Access
- StrataVPDAccessEmail 1 – Emails January 2023 – And 8 responses from informal, unofficial poll
- StrataVPDAccessEmail 2 – Emails from December 2022 -> Pages 8-52 are illegible
- StrataVPDAccessEmail 3 – Emails November 2022 -> Pages 7-49 are illegible
- StrataVPDAccessEmail 4 – Emails April 2023 ->
- StrataVPDAccessEmail 5 – Emails January 2023 ->
-
Legal Advice and Insurance
- StrataVPDAccessJan2023Minutes
- StrataVPDAccessMarch2023Minutes
- StrataVPDAccessSIGNEDMARCH292023
!! Background: Council Vote Email Thread
!! Background: Council Vote Email Thread
November 4, 2022 – Email From FSR about the VPD initiated project
Asking — Does council wish to proceed with VPD Project Access?
November 4, 2022 – Rick votes to approve implementation of VPD Project Access
November 4, 2022 – Bethany votes to approve implementation of VPD Project Access
November 4, 2022 – Jayun asks for time to review as she is busy with strata business: intercom buzzer resets and the CRT lawyer.
November 18, 2022 – Jayun votes to not approve implementation of VPD Project Access
“I do not approve… I cannot agree to this. And cannot believe it is council’s decicions alone to authorize this without the majority vote of the owners.
November 18, 2022 – Christina votes to approve implementation of VPD Project Access
November 19, 2022 – Email from Rick to Miroslav giving council approval for VPD Project Access
November 19, 2022 – Email from Rick detailing his thoughts around VPD Access
November 19, 2022 – Email from Jayun, responding to Rick’s email of November 19.
November 24, 2022 – Council meeting. Jayun advises that she will be leaving council if this council majority vote about VPD Project Access is pushed through without formal consent from owners. Jayun is assured a discussion will follow amongst council members so she stays on council.
November 24, 2022 – Immediately after council meeting Christina creates google doc with question
“Do you approve VPD access to our building for emergencies?”
“the strata council would like to engage the VPD for emergency access to our building via the intercom.”
November 24, 2022 – Jayun reads the google doc and questions the bias. Jayun realizes that she is out of sync with council and that she does not share the same vision for this buildling that council does. She makes her objections known and resigns from council.
¡ Please note that it is the right of every owner to have access to all communication pertaining to strata council that occured in the last 2 years. Posting these emails does not effect privacy issues. !
Χ VPD Project Access Brochure Info & Agreement
Χ VPD Brochure | Project Access Info | Access Agreement
⊗ Response From a Professional in BC Strata Matters
It is doubtful either the approval or the “Limitations of Liability” clause are legal.
This needs a review by other professionals – legal and insurance. The strata insurer needs to be notified, as the insurer needs to consider the additional liability the strata has agreed to.
This is for open access into common property owned by strata corporation member-owners, not the council.
It says, “This MOU does not grant the VPD access to the non-Common Areas of the Property, such as private residential units.” A council does not hold the authority to authorize this type of entry and what appears to possibly be an illegitimate MOU agreement. Owner approval at a general meeting is required on matters of the commons. This agreement binds them to a liability that they have not been able to discuss or approve, done seemingly to provide protection.
Additionally, it potentially is susceptible to abuse, hence the need for a legal review, open dialogue and approval by owners.
Any and all liabilities, including outside the scope of the authorization, will be born by the building ownership.
It indemnifies the VPD and EComm “under any circumstances,” for any, “direct, indirect, incidental, special, consequential, punitive or exemplary costs, expenses, losses, damages or liabilities incurred …”. “… including, without limitation and by way of example only, any loss arising from unauthorized access, systems failure or breach of any term of this MOU …”
Council is only a fiduciary, and does not have absolute authority to authorize common property matters.
Agreements for the commons made without owner authorization on MOU content that overrides laws are illegitimate and have no legal meaning. A council has authority over an approved operations budget, and all else has to receive owner authorization to be legit at some point.
Also, a council / strata has no authority to override or provide permissions, backed up by SPA section 121. Arguably this is for warrantless entry, which falls under the Criminal Code.