The Annual General Meeting (AGM) for 880 Grandview Way or Parkside (TSCC 1446) will be held on Wednesday, June 30, 2010 at 7:30 p.m. at the Party Room of their own building.
The agenda this year includes the usual stuff such as:
• Approval of last year’s AGM minutes
• Director’s report
• Approval of Auditor’s report
• Election of Directors
This year there are two positions on the Board of Directors up for election. The positions are currently held by David Yung (the President) and Johnny Hui (the Treasurer).
There are two candidates who have given, in writing, their intention of running for the positions; both of them are non-incumbents. Andy Chang and David Grader.
Also included in the mailing package (but not officially part of the AGM package) is a notice of two proposed rules: one is “Rules Governing Renovations to the Units and/or on the Common Elements”, the other one is “Rules Governing Recreational Facilities.” These two new rules will become effective on July 15, 2010 unless a meeting is requisitioned according to the Condominium Act Section 46.
These new rules, once become effective, are legal documents that have legal authority and that owners have to abide to. As such important legal documents, they have to be letter-perfect. However, these about-to-be legal documents are less than perfect. The following are some (may not be all) of the shortcomings of the two proposed rules:
Regarding the Rules on Renovations:
• Paragraph 1, line 1 near the end: "... by or behalf of an Owner ..." It should read "... by or on behalf of an Owner ..." The "on" is missing.
• Paragraph 9, line 3 near the end: "... which may be caused by the a contractor ..." It should be either one of them: either "the" or "a", but not both.
• Paragraph 14(a): "Construction and delivery of, equipment goods and materials ..." There should not be a comma after "of", and there should be a comma after "equipment", so that the sentence should read "Construction and delivery of equipment, goods and materials ..."
Regarding the Rules on Recreational Facilities:
• Paragraph 3.4: "Recreational facilities are avilable to Residents daily from 7:00 a.m. to 11:00 midnight." It should be 11:00 p.m..
• Paragraph 3.10, 4th line: it mentions "... as provided for in paragraph 13.9 above." It should read as provided for in paragraph 3.9 above” as there is no paragraph 13.9 in the entire rule.
• Paragraph 8.4: it mentions "Concierge". We do not have a concierge; but we have a gatehouse instead.
The document speaks for itself:
Some legal professionals think that these are very minor mistakes and should not affect the validity of the rules as “the document speaks for itself.” This legalese phrase means, in simple English, “reading from the context of the document, you know what it is intended to mean.” Yet, they added, perhaps the documents were prepared by junior lawyers.
Note:
As the legal counsel of TSCC 1446 is Miller Thomson LLP, a law firm specializing in condominium law, probably the Rules may be prepared by Miller Thomson LLP.
Got comments?
Write your comments below,
or send your comments to GrandviewWay@gmail.com
No comments:
Post a Comment