VPD Project Access

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Introduction | Council Vote Email Thread | VPD Project Access Brochure/MOU | Response from BC Strata Professional

Council Wants to Allow the VPD Unsupervised Access

Council Wants to Allow the VPD Unsupervised Access

The VPD will be able to access the building whenever they wish and will have no liability for any damage to property or persons. Scary enough right? But wait, The VPD has no liability even if they enter outside the terms of the MOU. Wow! That means Owners are on the hook for all liability that results from authorized or illegal entry by the police. Who would agree to this?

Note: VPD has not had an issue accessing the buiding making this unecessary.

Council has majority voted to allowed the VPD open access to the building.
I voted against it.
I am posting the documents received from the VPD for your review.
VPD calls it Project Access.
I call it something else but am sharing the information so you may draw your own conclusions.

Update: I have contacted the strata insurance agency, BFL: They were not informed about this and have concerns regarding the the VPD Project Access and implications for strata liability.

I am in contact with Pivot Legal Society and am reaching out to the BC Civil Liberties Association to assess the legal implications.
I will ask council to get an opinion on the insurance liability and how our buidling insurance would increase — Or if it is even possible to be insured for such liability.

Of special note from the VPD Agreement.
LIMITATION OF LIABILITY
The Counterparty now acknowledges and agrees that neither the VPD nor EComm, nor any of their respective officers or other personnel (collectively, “the VPD and E-Comm Group”) will, under any circumstances, be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary costs, expenses, losses, damages or liabilities incurred by the Counterparty or any of its owners, residents, or occupants, (collectively the “Building Group”) arising from any act or omission of the VPD and E-Comm Group, which but for this MOU would not or could have occurred, 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 by the VPD and E-Comm Group, and by entering into this MOU, 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 this MOU and to reimburse the VPD and E-Comm Group for any costs arising from anyone within the Building Group suing or making a legal claim against the VPD and E-Comm Group under this MOU.

AUTHORITY
The Counterparty hereby represents and warrants to VPD that it has full power, discretion and authority to enter into this legally binding MOU in relation to theProperty and to cause the due performance of its obligations hereunder and the giving of full effect to the intent hereof.

⊗ 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.