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Showing posts with label Annual General Meeting (AGM). Show all posts
Showing posts with label Annual General Meeting (AGM). Show all posts

Sunday, August 22, 2010

TSCC 1446 First Board Meeting

TSCC 1446 (Parkside) had its first Board of Directors meeting after the AGM on July 7, 2010. A typical order of business for the first Board meeting after every Annual General Meeting (AGM) is to elect from the members of the Board the President of the condo corporation, and to elect or appoint other officers (such as Secretary, Treasurer) and other representatives (e.g., Shared Facilities representatives).

The election is similar to election of directors. The five members of the Board (Andy Chang, David Grader, Thomas Kwong, Simon Li and Audrey Wai) cast votes for their candidate, and the candidate who has the most number of votes wins for that position.

The Process:

Simon Li nominated himself for the position of President. Thomas Kwong nominated David Grader for the position of President. After voting, Simon Li was duly elected as President.

David Grader nominated Thomas Kwong for the position of Treasurer, but Thomas Kwong declined his nomination. Simon Li nominated Andy Chang for the position of Treasurer. After voting, Andy Chang was duly elected as Treasurer.

David Grader nominated himself for the position of Secretary. After voting, David Grader was duly elected as Secretary.

Simon Li nominated Thomas Kwong for the position of 1st Vice-President. After voting, Thomas Kwong was elected as 1st Vice-President.

Simon Li nominated Audrey Wai for the position of 2nd Vice-President. After voting, Audrey Wai was elected as 2nd Vice-President.

Next is the election of representatives to the Shared Facilities Committee, which comprises of six people, two representatives from each of the three condo corporations of the Grandview Way residential complex.

Simon Li and David Grader nominated themselves as representatives to the Shared Facilities Committee. Audrey Wai nominated Andy Chang for this position. So, three candidates competing for two positions. After voting, Simon Li and Andy Chang were duly appointed as the Shared Facilities representatives on behalf of the Corporation.


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Sunday, August 15, 2010

MTCC 1113’s Weird "Candidates Elect"

MTCC 1113 (Casitas) passed at the AGM this year a motion to repeal and replace its old Operating By-laws No. 1, 2 and 3 with a new comprehensive by-law called the General Operating By-law. This new version of Operating By-law number 1, although passed at the AGM, still has to be registered on title with the Land Registry Office to become effective.

The new General Operating By-law of MTCC 1113 (Casitas) states: "Candidates elected pursuant to this provision shall be deemed to be “candidates elect” until such time as this by-law is registered, whereupon they will be constituted duly elected directors." (See the last sentence in Article VII (Board of Directors), Section V (Election and Term), Paragraph 1 of this new By-law.)

There are two weird things here in this sentence.

The first weird thing is at the beginning of the above-quoted sentence "Candidates elected". Owners don’t elect candidates; they elect directors. You were a candidate before being elected, and once you are elected, you are no longer a candidate.

The second weird thing is the creation of the term "candidates elect". Before explaining why this term is weird, let's digress a little:

On November 4th, 2008, Barack Obama was elected the 44th president of the United States. He was sworn in on January 20th, 2009 at the inauguration ceremony, and officially assumed the office (i.e. the duties) of the president of the United States. During the period from November 4th, 2008 to January 20th, 2009, Obama was the President elect of the United States. Prior to the inauguration on January 20th, 2009, technically George W. Bush was still the President of the United States.

So, "President elect" simply means "this person has been elected to be the next president, and is waiting to officially assume the duties of president."

Similarly, we have terms like "Prime Minister elect" (meaning "the person has been elected as the next Prime Minister and is waiting to officially assume the duties of prime minister"), "Premier elect" (meaning "the person has been elected as the next Premier and is waiting to officially assume the duties of premier").

So, a "candidate elect" would technically mean "a person has been elected as the next candidate and is waiting to officially assume the duties of a candidate." One can easily see the weirdness of this term. This term so created is neither fish nor fowl.

Judging from the context, the proper term to be used is "director elect": a person has been elected as the next director and is waiting to officially assume the duties of a director.

Even though at times, the term "candidate elect" has been loosely used to mean the person being elected, yet it's not precise. Bear in mind that a proper and precise term conveys the correct and exact meaning, especially when it comes to legal matters such as a by-law.

Sources indicated that MTCC 1113 spent about $2,400 lawyer's fees on the new by-laws which were drafted by the law firm Deacon, Spears, Fedson & Montizambert.


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Sunday, August 8, 2010

At the Grandview Tower (MTCC 1132) AGM

This year, the AGM of MTCC 1132 (88 Grandview Way, also known as Grandview Tower) AGM was held on Wednesday, July 28, 2010. In addition to the five directors being present, so were the usual invitees: Michael Doherty (Del’s on-site Property Manager), Maggie Yim (Del’s on-site Administrator), and a recording secretary from a minute-taking service company.

This year Del sends District Manager Michael Sentenai to be present at the AGM. Last year, it was Catherine Murdock.

Also present as an invitee is John Warren, a representative from the auditor firm is Adams & Miles LLP.

This year there was only one director position open, a regular director position, currently held by Sue Stormes. She also stood for re-election. Since there were no other candidates, she was automatically elected for another term of three years.



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Monday, August 2, 2010

At the Parkside (TSCC 1446) AGM

This year, the AGM (Annual Genreal Meeting) of TSCC 1446 (880 Grandview Way, also known as Parkside) was held on June 30, 2010. In addition to the five directors being present, so were the usual invitees: Michael Doherty (Del’s on-site Property Manager), Maggie Yim (Del’s on-site Administrator), and a recording secretary from a minute-taking service company.

Another usual invitee is the auditor. The auditor for TSCC 1446 is Adams & Miles LLP, represented by John Warren.

There were 34 unit owners present in person, 28 unit owners present by proxies, with a total of 62 unit owners present, representing close to 42% of all units. There are 148 units in 880 Grandview Way.

Customarily Del also sends a District Manager to be present at the AGM. In the past many years, it had been Catherine Murdock, a District Manager with Del Property Management.

After the incident at the 2008 AGM (See below), the Board has explicitly requested Del Property Management to send any District Manager other than Catherine Murdock. Last year, it was Michael Sentenai, and this year, it was Michael Sentenai again. Michael Sentenai was the Property Manager at the Grandview residential complex prior to being promoted to a District Manager.

This year, two director positions are up for election. David Yung (then President) and Johnny Hui (then Treasurer) did not seek for re-election. Two people indicated their intention to run for the director positions, and the AGM package included their resumes.

One of the two candidates is Andy Chang, a new name and a new face. The other candidate is David Grader, an old name and an old face that many residents of Parkside 880 randview Way are familiar with.

David Grader’s resume indicates that he is a retired lawyer, and he had been the President from October 2002 to March 2009.

In recent years, as many residents recall, the AGMs have always been held in June each year and that is the only time directors are being elected. Some residents wondered why David Grader served until March 2009 (not until June 2009 as it should have been).

It was because at the 2008 AGM, Catherine Murdock (Del’s District Manager present at the AGM) grossly misinterpreted the Condominium Act, thus distorting the true election results. So, David Grader had been illegitimately (if not illegally) elected as a Director and served as President from June 2008 to March 2009.

After some legal ramifications, David Grader had to resign in March 2009. Then three months later in June, he ran again but lost. This year he ran again.

Andy Chang, as his resume indicates, works in the financial sector, and apparently has the enthusiasm to serve the community of Parkside.

At the AGM meeting, two more candidates expressed their intention to run for the position of director, and their resumes were distributed at the meeting: Peter Jung, a resident owner, and Paran Namasivayam, a non-resident owner, who was not even present in person at the AGM.

During the nomination process before the election, Simon Li (then Secretary) urged Johnny Hui (then Treasurer) to run again and nominated Johnny Hui, but Johnny Hui declined being nominated.

After the election, Andy Chang and David Grader were elected as directors. Andy Chang had the most votes. Peter Jung lost to David Grader by just three votes.




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Tuesday, July 27, 2010

At the Casitas (MTCC 1113) AGM

This year, the AGM of MTCC 1113 (Casitas) was held on Wednesday, June 16, 2010. In addition to the five directors being present, so were the usual invitees: Michael Doherty (Del’s on-site Property Manager), Maggie Yim (Del’s on-site Administrator), and a recording secretary from a minute-taking service company.

Usually Del will also send a District Manager to be present at the AGM. Last year, it was Catherine Murdock, Del’s District Manager, who was also present at last year's AGM. This year, surprisingly, Allan Rosenberg, Del’s Vice-President of Operations, condescended to be present at the AGM.

Another usual invitee is the auditor. The auditor for MTCC 1113 is Adams & Miles LLP, represented by John Warren.

An unusual invitee this year was John Deacon from the law firm Deacon, Spears, Fedson & Montizambert because there were four by-laws to be passed at the AGM: General Operating By-Law, Standard Unit By-Law, Mediation/Arbitration By-Law, and Insurance Deductible By-Law. These four by-laws are either new or replacing existing ones.

It is reasonable to assume that the these by-laws were drafted by the law firm Deacon, Spears, Fedson & Montizambert, and John Deacon's presence was probably to provide any clarifications if needed. The four by-laws were passed as presented at the AGM, and will become effective once registered on title.

This year there were two director positions open: one is the owner-occupied position, and the other one is a regular position. (What is owner-occupied position? click here to find out.)

Since there was only one candidate for each position, so the result was that those two candidates were elected: Debby Nathanson for the owner-occupied director position, and Alan Tam for the regular director position.



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Wednesday, July 21, 2010

MTCC 1132 (Grandview Tower) AGM

The Annual General Meeting (AGM) for 88 Grandview Way or Grandview Tower (MTCC 1132) will be held on Wednesday, July 28, 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 is one position (a regular position) on the Board of Directors up for election. The position is currently held by Sue Stormes, the current President. There is one person who has expressed intention of running for the position, and it’s incumbent Sue Stormes herself.



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Sunday, June 20, 2010

TSCC 1446 (Parkside) AGM

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.



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Saturday, June 12, 2010

MTCC 1113 (Casitas) AGM

The Annual General Meeting (AGM) for Casitas or the Townhouses (MTCC 1113) will be held on Wednesday, June 16, 2010 at 6:30 p.m. at the Party Room of the 88 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: one regular position, and one owner-occupied position. The regular position is currently held by Alan Tam, the Treasurer, and the owner-occupied position by Debby Nathanson, the 2nd Vice-President. (Read more about owner-occupied position here.)

There are two candidates who have notified MTCC 1113 in writing of their intention of running for the positions. They are both incumbents. Alan Tam (the current Treasurer) is running again for the regular position, and Debby Nathanson (the current 2nd Vice-President) is running again for the owner-occupied position.

What’s special this year is the proposed four by-laws to be passed at the AGM:
• General Operating By-law
• Insurance Deductible By-law
• Standard Unit By-law
• Mediation and Arbitration By-law

The General Operating By-law stipulates the foundation on which the Corporation and its Board of Directors are to be governed and to operate. And the proposed by-law, if passed, will replace the existing General Operating By-law that has been in use since the registration of the Condominium Corporation. The by-laws were drafted by the law firm Deacon, Spears, Fedson & Montizambert.

The impact of these changes could be immense. However, the AGM package does not provide any explanations why these by-laws need to be replaced, nor a summary highlighting the differences between the proposed by-law and the existing one, thus making it hard for a unit owner to try to understand why such changes are necessary or are in the best interest of the condominium corporation, not that of someone's. Perhaps the current Board of Directors may feel that it’s best to leave legal matters to the lawyers.



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Monday, September 21, 2009

Names and Numbers 2009

All three condominium corporations in the Grandview Way residential complex use the one and same management office. The property management function was contracted out to DEL Property Management.

The people working in the management office are:

Property Manager: Michael Doherty
Administrative
Assistant:
Maggie Yim
Address for service: 126 Grandview Way
Phone: 416-224-2373

The phone number for the gatehouse is: 416-529-6489.

*   *   *   *

The three corporations have had their Annual General Meetings (AGM) in June and July this year.

The Casitas at Northtown (MTCC #1113) had two incumbent candidates running for two positions on the Board of Directors. All candidates were re-elected. These are the members of the Board of Directors for MTCC #1113 for the coming year, and each director also holds an office in the corporation:

President: Hamzeh Roumani*
Secretary: Cathy Vendramin
Treasurer: Alan Tam
1st Vice-President: Amy Choi*
2nd Vice President: Debby Nathanson
*Also serves as a representative to the Shared Facilities Committee.
Source: AGM package and "Board meeting highlights."

The 88 Grandview Way (MTCC #1132) also had two incumbent candidates running for two positions on the Board of Directors. All candidates were re-elected. These are the members of the Board of Directors for MTCC #1132 for the coming year, and each director also holds an office in the corporation:

President: Susan Stormes*
Secretary: Stephen Douglas
Treasurer: Brian Ho*
1st Vice-President: Sandra Sanguinetti
2nd Vice President: Taraneh Foyle
*Also serves as a representative to the Shared Facilities Committee.
Source: AGM package et al.

The 880 Grandview Way (TSCC #1446) surprisingly had four candidates running for two positions on the Board of Directors.

It is very rare, possibly unheard of, that in condominium corporations there are more candidates than available positions on the Board of Directors. Most typically, condominium corporations have great difficulties in finding people to fill the vacancies on the Board. This, perhaps, may be a good sign as more people are getting more enthusiastically involved in managing the affairs of their own condo. After all, it's their homes.

Among the four candidates, only one was an incumbent: Thomas Kwong. The second candidate, David Grader, the former President, resigned in 2008 and declared his candidacy again in 2009. The third candidate, Bill Kay, was a recent new owner to the 880 building.

The candidacy of these three candidates were made known to unit owners in the AGM package which also included their resumes. However, only the resumes of Thomas Kwong and David Grader were translated into Chinese by the Management Office. Bill Kay later confirmed that he was never asked whether he would like his resume translated into Chinese. "I definitely would like my resume in Chinese," he added.

The fourth candidate, Audrey Wai, declared her candidacy at the Annual General Meeting, at which she handed out her resume in English. She was a member of the board for the 880 building since the inception of the bulidng in 2002. She resigned in 2007 to go back to school.

After election, these are the members of the Board of Directors for TSCC #1446 for the coming year, and each director also holds an office in the corporation:

President: David Yung*
Secretary: Simon Li*
Treasurer: Johnny Hui
1st Vice-President: Thomas Kwong
2nd Vice President: Audrey Wai
*Also serves as a representative to the Shared Facilities Committee.
Source: AGM package, Annual Genreal Meeting and notice posted in the lobby.



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Monday, August 10, 2009

Exercise room door damage

About three weeks ago, the door to the exercise room of the 880 building was broken in the hinge area on the door spine. Due to the composition of the door, the door cannot be repaired but had to be taken down. As the door is not of standard size, a new door would have to be ordered. It would take about another four weeks (mid-September 2009) for the new door to arrive and be installed. The cost is about $1,200 including taxes.

After lengthy discussions and careful considerations, the Board of Directors of the 880 Grandview Way building has made the following decisions.

  1. The exercise room will still remain open while waiting for the new door so that residents can still enjoy using the exercise room. Please be reminded that, as it has always been an ongoing rule for using the exercise room, children under the age of 16 are not allowed in the exercise room. Notices have been posted in the exercise room.



  2. Security camera has been installed in the exercise room to monitor the area as of writing. The cost is about $1,500 including taxes, with a 5-year warranty, supplied by AFY Electronics Ltd.

In the past, there had been some incidents in the exercise room (such as some dumb-bells were “lost”). With the new camera installed, the general security and safety of the exercise room should improve.

The exercise room is a public area. As for security and safety reasons, security cameras have been already installed elsewhere in the 880 Grandview Way building, e.g., in the hallway on the upper lobby level, and in each of the three elevators, as well as in the swimming pool. Privacy should not be an issue here.



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