Archive for April, 2008

Legal advice before amending rules

Sunday, April 13th, 2008

Tony Gioventu
Province

Dear Condo Smarts: We are in a divided strata of a highrise and a commercial division. Several years ago, we voted to create sections so that the costs that were allocated exclusively to each section would be fairly divided.

In March, the residential owners were voting on a bylaw that would limit rentals to a maximum of five units. Several commercial-section owners registered their votes and voted against the resolution, preventing us from adopting a rental- limitation bylaw.

We lost the vote by one. Can you please explain to us why the commercial section has a right to dictate to the residential section how owners use their strata lots ?

— JWV, Vancouver Island

To understand sections you have to understand the legal authority of a strata corporation.

The Strata Act says that a strata corporation has the power and capacity of a natural person of full capacity. In simple terms, a strata corporation can buy or sell property, mortgage, lease, commence lawsuits, create bylaws and enter into contracts for service or operations, like any normal person.

A section is a corporation and has the same powers and duties as the strata corporation. So a section can do all of the same things, but only those that apply to that section. This also means sections can create their own bylaws that only apply to their section, such as your rental-restriction bylaws, and only that section votes on those bylaws.

The commercial section did not have voting authority at the special general meeting of the residential section as it only applied to the residential section.

Furthermore, when I reviewed your documents and minutes, I discovered each commercial strata lot was counted as one vote, but on the registered strata plan, all of the commercial strata lots have less than one vote, in most cases .49 votes. Therefore, the commercial section did not represent enough votes to defeat your resolution.

Commercial strata lots may have fewer or greater than one vote per strata lot as their voting is based on the relevant area of their strata lot.

Always seek legal advice when creating or amending rules or bylaws that pertain to sections.

Tony Gioventu is executive director of the Condominium Home Owners Association.

E-mail him at [email protected]

© The Vancouver Province 2008

Home Exchange Websites that you should visit

Sunday, April 13th, 2008

Ron Chalmers
Province

SITE SEEING

Selected home-exchange websites:

– www.digsville.com

– www.greatrentals.com

– www.holiday-rentals.com

– www.homeexchange.com

– www.homelink.ca

– www.intervac.com

– www.vacationrentals.com

– www.vacationvillas.net

© The Vancouver Province 2008

 

Home Exchange – Swapping homes worldwide on Web

Sunday, April 13th, 2008

Hints to living in someone else’s place — while they live in yours

Ron Chalmers
Province

Home exchanges over the Internet have vastly expanded vacation options, says Douglas Gray, author of the newly published Recreational Property in Canada (John Wiley & Sons, $26.99).

“I have done 14 home exchanges throughout the world,” says Gray, who owns homes in Vancouver and Whistler. “I have never been burned.”

The Internet lifts your visibility, making a short-term swap of your city home or lake cottage entirely possible, Gray says. “The Internet has changed the world of marketing and renting recreational property.”

In a simple exchange, you spend one or several weeks in someone else’s place — while they spend the same time in yours. If you own two properties, your options expand.

With two homes, you can do a non-simultaneous swap. You could go to Australia when it’s summer there — and your counterpart could come to Canada when it’s summer here.

A third option is simply to find a suitable home where you want to go and rent it for cash. This can provide more space and comfort than a typical hotel experience.

If you list your property, Gray warns, “It’s a highly competitive market.” To boost your chances, he has three tips: Provide as much information as possible; hire a professional photographer; and include a link to your own website where you show more information and more professional photos.

The Complete Guide to Buying and Owning Recreational Property in Canada also includes chapters on investment, legal, tax, insurance and estate-planning aspects of recreational properties, plus the pros and cons of shared or fractional ownership.

Edmonton Journal

SITE SEEING

Selected home-exchange websites:

– www.digsville.com

– www.greatrentals.com

– www.holiday-rentals.com

– www.homeexchange.com

– www.homelink.ca

– www.intervac.com

– www.vacationrentals.com

– www.vacationvillas.net

© The Vancouver Province 2008

 

Want gleaming granite? Get an expert

Sunday, April 13th, 2008

Shell Busey
Province

Q. We moved into a home with granite countertops that we really like but we are not sure if the previous owners have ever sealed them properly. What maintenance is required for granite and is there something that we can use to restore the shine.

Cliff, Surrey

A. While granite is one of the most durable stones available, you should re-seal your granite countertops every two years to avoid any staining and to preserve the natural look. For maintenance and cleaning, always use a product specifically designed for natural stone, not over-the-counter cleaning products. I would suggest you contact the folks at Apex Granite and Tile since they will be able to suggest a suitable product and maintenance program. They also have a restoration service that would help to bring the stone back into its original appearance. In the Greater Vancouver area they can be reached by calling 604-882-9284.

Q. One of most dreaded spring cleaning chores is cleaning my window screens. How do you recommend cleaning them?

Dorris, Vancouver

A. When cleaning screens take care not overstress the fabric. To begin, mix equal parts vinegar and water in a spray bottle. If the screens are quite dirty you can add mild dish soap to the vinegar cleaner. Fill another bottle with clear water. Remove the screen from the window and wipe both sides with a microfibre cloth, or you can gently vacuum. Lay the screen flat on an old towel; spray with your vinegar cleaner and clean using a soft brush or sponge. After you have cleaned both sides, rinse with the clear water and blot dry with a clean towel. Throughout the year you can keep your screens clean using a lint brush.

For more tips, sign up to receive Shell Busey’s online HouseSmart newsletter at www.TheHouseSmart.com.

© The Vancouver Province 2008

 

House prices hold up

Sunday, April 13th, 2008

Saskatoon heading the pack among big gainers

Helen Morris
Province

Cranes and construction signs are seen at the site of Keynote, a new residential complex in Calgary. But the departure of some migrants meant more resale houses on the market and that contributed to slower sales in the new housing market and a slight decline in prices in both Calgary and Edmonton. ADRIAN SHELLARD/ CALGARY HERALD

OTTAWA — The price of new housing edged up 0.3 per cent from January to February 2008, said Statistics Canada.

The rate slowed down after two months of accelerated growth but followed a downward trend which began in September 2006, said the federal agency.

Contractors’ selling prices increased 6.2 per cent in February 2007 from a year earlier. The year-on-year growth was slower than the 6.5 per cent yearly increase seen in January.

In British Columbia, the federal agency reported a 6.6 per cent rise year-on-year in Vancouver and an increase of 1.6 per cent in contractors’ selling prices in Victoria.

Prices in Saskatoon again rose at the fastest rate.

Annual prices in the city increased 58.3 per cent — the fastest rise on record in the city. Prices in Saskatoon rose 4.3 per cent month-on-month in February.

Regina, meanwhile, recorded a year-on-year price hike of 28.6 per cent — up from 25.9 per cent year-over-year growth in January.

Statistics Canada said that builders reported higher prices due to a rise in the cost of materials, as well as labour shortages pushing up the cost of labour.

“Clearly Saskatchewan is the new Alberta, with economic growth there being driven by the commodity price boom.” said Jacqui Douglas, economics strategist at TD Securities.

Strong demand continued for new houses in Saskatchewan on the back of a healthy natural resource sector as well as the push to encourage migrants to the province in an attempt to alleviate the labour shortage.

The rate of year-on-year growth of new housing prices in Edmonton slowed to 14.8 per cent in February — the seventh consecutive deceleration in growth.

Prices in Calgary increased 5.2 per cent in February 2008 compared to a year earlier.

This showed a slight decrease on the 5.6 per cent yearly rise reported by Statistics Canada in January.

The federal agency said that the departure of some migrants from Alberta meant that there were more resale houses on the market contributing to slower sales in the new housing sector.

Both Calgary and Edmonton saw a decline month-on-month with prices falling 0.3 per cent and 0.9 per cent, respectively.

In the East, Statistics Canada said that builders reported increased material and labour costs coupled with higher land development costs contributed to record price increases in Newfoundland and Labrador and in Nova Scotia.

Prices in St. John’s. N.L., rose 12.2 per cent year-on-year and in Halifax the rise was 11.4 per cent.

In Ontario, prices in Windsor inched up 0.3 per cent from February 2007 — the first inflation in 17 months.

© The Vancouver Province 2008

Legal advice before amending rules

Sunday, April 13th, 2008

Tony Gioventu
Province

Dear Condo Smarts: We are in a divided strata of a highrise and a commercial division. Several years ago, we voted to create sections so that the costs that were allocated exclusively to each section would be fairly divided.

In March, the residential owners were voting on a bylaw that would limit rentals to a maximum of five units. Several commercial-section owners registered their votes and voted against the resolution, preventing us from adopting a rental- limitation bylaw.

We lost the vote by one. Can you please explain to us why the commercial section has a right to dictate to the residential section how owners use their strata lots ?

— JWV, Vancouver Island

To understand sections you have to understand the legal authority of a strata corporation.

The Strata Act says that a strata corporation has the power and capacity of a natural person of full capacity. In simple terms, a strata corporation can buy or sell property, mortgage, lease, commence lawsuits, create bylaws and enter into contracts for service or operations, like any normal person.

A section is a corporation and has the same powers and duties as the strata corporation. So a section can do all of the same things, but only those that apply to that section. This also means sections can create their own bylaws that only apply to their section, such as your rental-restriction bylaws, and only that section votes on those bylaws.

The commercial section did not have voting authority at the special general meeting of the residential section as it only applied to the residential section.

Furthermore, when I reviewed your documents and minutes, I discovered each commercial strata lot was counted as one vote, but on the registered strata plan, all of the commercial strata lots have less than one vote, in most cases .49 votes. Therefore, the commercial section did not represent enough votes to defeat your resolution.

Commercial strata lots may have fewer or greater than one vote per strata lot as their voting is based on the relevant area of their strata lot.

Always seek legal advice when creating or amending rules or bylaws that pertain to sections.

Tony Gioventu is executive director of the Condominium Home Owners Association.

E-mail him at [email protected]

© The Vancouver Province 2008

 

City councillor slams Granville Bridge plan

Sunday, April 13th, 2008

David Cadman warns of the health risk

Christina Montgomery
Province

A $5-million plan to upgrade the Granville Street Bridge for heavy trucks and tour buses will create unacceptable congestion and health hazards in neighbourhoods that have not even been warned about the plan, a Vancouver councillor says.

A motion to approve the design of the upgrade heads to council Tuesday.

David Cadman, the lone COPE councillor and an environmental activist, says bracing the bridge will effectively open all of Granville south to Marine Drive, and all of the downtown streets that run parallel to Granville, to heavy trucks.

A staff report to council recommends that $330,000 be spent on a sole-source contract for design of the upgrade — without taking time to tender the work — so that the 16-month job can be done in time for the 2010 Olympics.

Games planners have yet to announce which streets will be closed or restricted during the Olympics. Cambie and Burrard are now the only other crossings usable by trucks and non-transit buses.

The report says that beyond its use in providing “flexible” Games planning, the Granville bridge will provide an alternate False Creek crossing that the B.C. Trucking Association wants.

Cadman objects on both fronts.

“You don’t make this kind of capital investment for a two-week event,” he says, suggesting tour buses be given exemptions during the Games.

“It’s simply unacceptable with that kind of residential density in the downtown core that we would route trucks there without consulting Vancouver Coastal Health — or those neighbourhoods,” Cadman said.

“We know people living along the Knight [Street] truck route are exposed to high levels of diesel particulate

that has been recognized as causing cancer.

“Now we are being presented with a plan to turn residential streets along Granville into diesel-truck routes without any analysis of the impact on air quality, noise congestion or the disruption caused by routing big transport trucks and highway buses onto the Granville bridge.”

The staff report says the idea of strengthening the bridge arose after Canada Line work disrupted Cambie Street. There was an increased demand for an alternate truck crossing, and the B.C. Trucking Association asked to allow its tour-bus members to use the Granville bridge.

Vehicles heavier than 10 tonnes are currently barred. Coast Mountain buses have been given a city exemption.

Louise Yako, vice-president of the association, confirmed that it wanted to find another route for buses coming in from the airport.

With Cambie closed, they were routed until recently down Quebec Street, which offered less than ideal scenery for arriving tourists, Yako said. And a recent decision to allow them to turn down Broadway and across Burrard also presented difficulties.

Dane Dolman, the city engineer who wrote the staff report, told The Province the work is aimed at limiting traffic disruptions to short periods on specific stretches of the bridge and feeder lanes. Much of the work will be done from beneath the structure, he said.

© The Vancouver Province 2008

Dwellings’ message: Bravo concrete!

Saturday, April 12th, 2008

Granville Island townhouses define ‘stout’

Michael Sasges
Sun

Trasolini Chetner has installed Jenn-Air appliances, clad in stainless steel, in the dwellingson3rd kitchens. It has topped the counters with thick slabs of engineered stone and put down oversized ceramic tile on the floors.;Time ‘n’ place appropriate The cabinetry doors in the kitchens are a special acknowledgment of time and space. The heavily patterned zebrawood on most of the doors is a voluminous-space complement. The doors of glass framed by steel speak of era of construction; they are seen frequently in luxury residences these days.;Not one, but two built-in fridges are included in the appliance package, a big two-door main fridge in the kitchen proper and a small wine fridge (bottom right, top photo) under the counter dividing kitchen and dining space. Photograph by : GLENN BAGLO, VANCOUVER SUN

Beyond the great room (middle photo) is the first of the show-home townhouse’s patios (bottom photo). Photograph by : GLENN BAGLO, VANCOUVER SUN

the show-home townhouse’s patios (bottom photo). Photograph by : GLENN BAGLO, VANCOUVER SUN

ROOF PUTS RESIDENTS ABOVE ENGLISH BAY: The dwellingson3rd courtyard is only the start of a benign-climate acknowledgment by developer and architect: At least three patios or decks or balconies are attached to every townhouse. To the left in the photo above are the rear townhouses; to the right the front townhouses, and their front-door patios. Photograph by : GLENN BAGLO, VANCOUVER SUN

Sky high amenities: Every townhouse has a roof-top deck, with power, gas and electrical, and water. (That’s Rob Chetner at the show-home roof-topper, right.) Photograph by : GLENN BAGLO, VANCOUVER SUN

Engineered-stone tops vanities: In the dwellingson3rd bathrooms, engineered stone tops the counters and ceramic tile is underfoot. Photograph by : GLENN BAGLO, VANCOUVER SUN

In the show home ensuite there is an oversized shower only (far right); in others, a tub and separate shower. Warm retreat: Floors throughout the townhouses are heated, not just the bathroom floors. Photograph by : GLENN BAGLO, VANCOUVER SUN

Being there — outside a dwellingson3rd townhouse — involves getting there, of course. The courtyard is an elevator ride above the foyer (above, left) and, not shown, the parking stalls. Photograph by : GLENN BAGLO, VANCOUVER SUN

The entrance to the roof-top deck is at the end of the last flight of stairs in each home (above, middle). Photograph by : GLENN BAGLO, VANCOUVER SUN

An unusual feature connects main floor and upper floor (and eventual roof-top deck): stairs of concrete (right) and a landing of concrete tile. Photograph by : GLENN BAGLO, VANCOUVER SUN

A handsome addition to the residency opportunity in the vicinity of Granville Island, the dwellingson3rd townhouses are also a robust expression of the contribution of the oversized and the pronounced to livability.

The zebrawood that faces the doors of the kitchen cabinetry, for example, is the perfect wood for the first-floor spaces, the townhouses’ principal, or public, living quarters.

Use this dramatically striped wood from Africa “where a spectacular effect is desired,” a carpentry manual in my home library recommends.

The spaces are spectacular: Open plan, they are unusually wide, at 24 feet, and high, at 11 feet.

They will be defined by walls of either glazing or concrete, by a ceiling of concrete, and by a floor of 24-by-24-inch ceramic tile over more concrete.

They would not be ill served by a more gently patterned wood, like the white oak of the cabinetry in the bathrooms, but they would not be as well served.

The presence of at least three attached outdoor spaces in each townhouse is an exterior equivalent of the zebrawood in the kitchens.

Three outdoor spaces don’t merely speak of location. They announce: This household can elect to be outside all seasons, all hours, and this household lives with adjacencies that demand viewing: English Bay, the North Shore mountains, the downtown skyline.

In all its projects, Trasolini Chetner tries to incorporate a couple of features that will add distinction to its work, partner Rob Chetner says. At dwellingson3rd, the outdoor spaces are one of those features.

The courtyard between the five townhouses across the rear of the development and the five across the front was one inspiration for the strong outdoor-space component of the townhouses.

Each of the five front-of-development townhouses has a patio on the courtyard, an approximation of the front yard of the traditional detached residence.

The neighbourhood, of course, was another inspiration. Each residence has a rooftop deck from which the household, and its visitors and guests, can enjoy the views.

” . . . there is a cost to doing it, railings and glass and waterproofing and what not, but it added more dimension, more excitement, uniqueness, style,” Rob Chetner says of the outdoor spaces. ”And when you’re inside, whether you use them or not, just having that extension to your space outside is really nice.”

When you’re inside a dwellingson3rd townhouse, you’re inside a concrete building. Concrete construction is an important component of the Trasolini Chetner marketing of the townhouses.

Concrete construction certainly facilitated the handsome elevations of the building and the outdoor spaces; it permitted developer and architect to ”do a few different things that you couldn

outdoor spaces; it permitted developer and architect to ”do a few different things that you couldn’t achieve with wood-frame, some of the cantilevers and overhangs … ,” Chetner says.

Partywalls and floors and ceilings of concrete are better barriers to the easy passage of noise between attached residences than insulated walls and ceilings of steel or wood studs skinned with drywall.

Concrete construction is also accepted by the market as the more substantial construction technique.

”A lot of it has do with the perception that the house is more stout and solid and rigid and will stand the test of time,” Chetner says. ”And it will. As we all know, it’s a more solid product; it’s as close to rock as you can get.”

Having said that, he is quick to acknowledge concrete’s limits. ”A lot of people have the misconception that wood leaks and concrete doesn’t.

”I think concrete can help in certain ways, but you still have to pay attention to the detailing, the waterproofing, the flashings, the membranes. Water can go through concrete.”

Yes, a concrete building costs more per square foot, than a wood-frame building to erect. And, yes, typically, homes in a concrete building will command higher prices, per square foot, than homes in a wood-frame building.

The ”premium” will vary, from project to project.

”You could ask any realtor, what’s the premium, how much more does it cost to build concrete, how much more can you sell it for?” Chetner comments.

”Both are very difficult questions to answer. It definitely costs more, not astronomically more, but more.

”And I think you can definitely get more. Again, I don’t know how much more, but I know buyers just like the fact it’s more solid, it’s built to last, it will stand the test of time a little bit better. It has no shrinkage, no warpage, those types of things.”

The widths of the townhouses are also important components of the marketing of the dwellingson3rd townhouses: At 24 feet, they are wider than most new-construction townhouses, Chetner says.

“By having those widths, we have something different with which we can distinguish and differentiate our product.”

Developer and architect looked at including 12 residences in the development, six across the back and six across the front. That number would have reduced widths to about 18 feet. ”which is a lot smaller and we just liked the fit and the feel of the way the [two rows of five residences] laid out. It just seemed like a good number.”

It is certainly a number that is flagged on the West Third elevation, with columns of concrete and poles of steel defining each of the five residences.

”Also, with 12 or 14 or 16 or any other number upwards, you would have to have more parking and you would have to go underground.”

The dwellingson3rd households will park in a common garage, almost at grade and entered from, and exited on, the lane. There are 19 parking stalls, 10 of them included in the purchase price of a townhouses and the other nine for sale, at $25,000 each.

”We just felt the area warranted larger units, which are more costly, we acknowledge.

”But based on where we are geographically, we thought the demographic we anticipated we would attract would be that demographic that would look for two bedrooms and a den and for something in the vicinity of our square footage.”

The anticipated demographic has materialized: Seven of the townhouses have been sold, mostly to households that are equity endowed by lifetime ownership of a single-family-detached home and no longer encumbered by bringing-up-baby responsibilities.

The location of the developer’s head office is, perhaps, the most important example of the oversized quality of dwellingson3rd residency: It’s on the ground floor of the building.

”Having our office here, I think, speaks to our belief in the project, the fact that if there are problems, people know where to find us,” Rob Chetner says. ”We can’t run and we can’t hide. We never would, of course … we will always stand behind what we do. For the owners, the people buying in here, I hope it adds a dimension of comfort, knowing we’re here.”

DWELLINGSON3RD

Project location: West Third at Burrard, Vancouver

Project size: 10 townhouses

Residence size: From 1,400 sq. ft., 2 bedrooms + den, 21/2 baths

Prices: From $1.2 million

Contact: Ken Chong, 604-671-1025

Web: dwellingson3rd.com

Developer: Trasolini Chetner Construction Corp.

Architect: Gomberoff Bell Lyon

Interior design: Christina Oberti

Occupancy: Immediately

© The Vancouver Sun 2008

 

SportBand gives boost to spring training

Saturday, April 12th, 2008

Sun

Nike + SportBand

6-in-1 Personal Safety Device, LifeGear

Sanyo Xacti CG9 cameracorder

Nike + SportBand, $60

Just in time to give a boost to your spring training comes Nike’s new + SportBand that lets you track your distance, pace and time as well as the calories you’re burning while you’re running. A new addition out this month for runners who choose silence over their Nike + iPod or those who just want to add to listen to how their run is going through their iPod nano system. It picks up from a sensor in Nike+ ready shoes and can plug into a USB drive to send the run data to nikeplus.com.

6-in-1 Personal Safety Device, LifeGear, $35

Powered by hand cranking, this will provide you with a radio, a cellphone charger, a flashlight, an emergency flasher, a siren and a compass. An all-in-one device that goes in a backpack, in the car or in the kitchen junk drawer where hopefully you’ll be able to dig it out when the power goes off. www.lifegearcompany.com.

Sanyo Xacti CG9 cameracorder, $330

Is it a camera? Is it videocamera? As any YouTube aficionado knows, you have to have both and Sanyo is offering it in this 9.1 megapixel pocket-sized device that delivers high quality digital video and still shots. With a five times optical zoom, up to 60 times digital zoom and Face Chaser technology that automatically focuses on up to 12 faces in each image. It takes standard SD or SDHC memory cards and has 40 megabytes of internal memory. www.sanyo.ca.

L2610NW Westinghouse Digital 26-inch Monitor, $500

If you’re squinting at the old monster screen that came with your wood-burning computer maybe now’s the time to consider coming into the next millennium with a digital LCD version. At 1920 x 1200 resolution, it promises to display 36 per cent more content than a traditional 1440 monitor. Better image quality makes photos, videos and even those tedious spreadsheets more appealing.

© The Vancouver Sun 2008

 

Brian Jessel gets spiffy for charity

Saturday, April 12th, 2008

Malcolm Parry
Sun

MODEL CHANGE-OVER: BMW auto dealer Brian Jessel is getting fashion hungry, as witnessed by a self-named glossy publication featuring several photos of himself spiffed up in the Harry Rosen manner. His Boundary Road showroom also hosts a Hugo Boss fashion show named Cabriolet, which recently benefited the BC Women’s Hospital’s gynecological program and the Prostate Centre at Vancouver General Hospital.

Those recipients resonated with Allwest Insurance president Devina Zalesky, whose firm was an event sponsor. She’d just learned that surgery and treatment had knocked out a breast cancer diagnosed some months ago. Although someone had nabbed the delayed Zalesky’s reserved seat, news like that would leave anybody floating on air.

© The Vancouver Sun 2008