TO ALL OWNERS, WILLS CREEK
STRATA PLAN BCS 3334
As a follow up to our Information Meeting Thursday, September 29, 2016 the strata council provides the following to clarify the proposed resolution being voted on at the Special General Meeting Tuesday, October 4, 2016.
It is necessary that the resolution is presented at this October 4, 2016 meeting as the timeline for initiating litigation expires November 18, 2016.
If you vote “In Favor/Yes” to the resolution, you will be approving the strata corporation (by the strata council) to proceed with litigation and an expenditure of $50,000.00 charged upon the owners by Special Levy. (See attached schedule of allocation of legal costs by strata lot and Unit #’s).
If you vote “In Favor/Yes” the strata corporation has the ability to direct the legal counsel to apply for an extension (up to a year) so that more investigation can be completed by the strata corporation.
Investigation is necessary to gather a better understanding of what we are dealing with as pertaining to drainage issues and expensive necessary property repair.
If you vote “Opposed/No” to the resolution, you are opposed to proceeding with litigation and the strata corporation will be unable to proceed to sue/litigate the defendants after November 18, 2016.
If the resolution is defeated (not approved), the strata corporation will proceed with following up with the insurance company to request they do the work they have committed to perform. If the insurance company does not do the work, the owners will be responsible for the costs with no recourse against the defendants. An extension WILL NOT be available if a “Yes” vote is not approved on Tuesday.
Legal counsel has recommended application for an extension to provide more time for the Insurance Company (warranty provider) to complete the work which will likely reduce the need to go to trial.
If the resolution is approved, it does not mean that the strata corporation is going to trial. The strata corporation lawyer has advised that 99% of cases are settled by mediation.
If the vote is “in Favor/Yes: The strata corporation will meet again to discuss and vote on additional steps moving forward. At any time, the strata corporation (owners) may decide to stop the litigation process if they choose to do so.
We encourage all owners to attend the Special General Meeting Tuesday.
Date: Tuesday October 4, 2016
Time: 7:00 p.m. (Registration commences at 6:30 p.m.)
Location: Kensington Prairie Community Centre
16824 32nd Avenue; Surrey, B.C.
Strata Council, Strata Plan BCS 3334
proposed-levy-costs-and-proxy-form
Sent on Behalf of Strata Council
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