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Keith and Kevin Greenard
Keith and Kevin Greenard
Tony Gioventu
Province
Dear Condo Smarts: Our strata council passed a rule that it would only receive correspondence through our management company. The rule states that any applications for rentals, hardship applications, requests for alterations, hearings of council, and any related strata business must be addressed only to the strata management company.
As owners, we have been fine with this, except council members themselves don’t abide by the rule, and routinely send out e-mails to owners in the complex regarding bylaw violations and official notices.
We heard that the changes to the Strata Act will permit e-mail as notice, but who does that have to be e-mailed to in order for the e-mail to be valid? What happens if the strata doesn’t provide an address, but the council members e-mail an owner? Can they officially reply back to the council member?
–Karen T, Vernon
Dear Karen: It is easy to understand why a strata corporation wants to maintain only one official address for receipt of notices and sending of notices. If everyone sends their correspondence to council, as well as the strata agent or president, you could end up with eight or more potential mailing addresses and e-mail addresses. It would make it extremely difficult to manage notices of meetings and requests of owners and tenants and agents.
However, the act does permit an owner to leave a notice or request for forms or documents required with a council member by mailing it to the recent address on file in Land Titles for the strata, by putting it through a mail slot or in the mail box used by the strata, by faxing or e-mailing it to a number or e-mail address provided by the strata corporation, or fax number or e-mail address provided by a council member for the purpose of receiving the notice.
An example of the complications of notice often arise when an owner gives a notice of a hardship application to a council member. Under the Strata Property Act, this is deemed to be proper notice, and if the council member ignores the notice and the council does not respond in writing after two weeks of the request, the exemption is automatically allowed.
E-mail is obviously going to become a common method of notice. The strata corporation and council members will only have to officially receive e-mails as notice if their e-mail address functions for the purpose of receiving notice. Likewise, the strata corporation can only send notice to an owner or tenant by e-mail if the owner or tenant has provided an e-mail address for that purpose.
If a strata is considering using e-mail for notices sent and received, it would be a prudent management decision for the councils and managers to create and maintain only one strata-identified e-mail address.
The strata corporation must ensure that the e-mail is checked daily as requests such as a payment or information certificate, or a hardship application, are all time-sensitive.
Council members, owners, tenants and strata agents all need to exercise caution when using e-mail.
Not only do the provisions of the Strata Property Act apply, but also the provisions of the Personal Information Protection Act. Always exercise caution in what you write in an e-mail. You cannot guarantee the security of sensitive or confidential information once you hit the send icon.
The updated changes to the Strata Property Act & Regulations are available on the Internet at bclaws.caor choa.bc.ca.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. Send questions to him at [email protected].
© Copyright (c) The Province
Sarah Treleaven
Province
No matter how cute they are, you’re not allowed to toss Olive Ridley turtles into the sea.
On a Thursday evening in September, close to sunset on a silky beach in Mexico, about 30 resort guests stood around in bare feet, some holding glasses of chilled white wine. As the sky warmed to peachy pink tones darted by deep purple clouds, we waited patiently to make a small contribution to the natural world from which we so liberally take. Who knew liberating baby turtles would be so romantic?
Every year, Olive Ridley, or Golfina, sea turtles lay hundreds of eggs in multiple nests on the beach in front of Marquis Los Cabos, an oceanfront resort on the tip of the Baja California peninsula, where the Sea of Cortez meets the Pacific Ocean. The resort is state-certified as a sea turtle watch and rescue site, and the eggs are protected from the time they’re laid until they hatch in late September through mid-October.
The gestation period is approximately 45 days, and just before they’re due, Marquis employees take them inside to protect them from predators.
Eighty-day-old turtles arrived on the beach that night in a small blue cooler, the kind more typically filled with beer on a hot summer day. The golf-ball-size turtles appeared highly motivated to answer the call of the sea, flapping their arms in anticipation.
After some initial reluctance and light squealing from children and adults alike, we picked up the turtles by the sides of their shells, carried them to the sand, gently deposited them on the ground and pointed them toward the ocean.
Watching them struggle into the sea, being knocked back time and again by the sizable waves that crashed on the beach, I wondered why we couldn’t do the turtles a favour by wading out several metres to dump the contents of the cooler into the sea; or lightly toss each of the turtles into the water?
“Oh, no,” said Ella Messerli, general manager of Marquis. “They have to make their own way into the ocean. If they aren’t strong enough, that’s nature’s way . . . only one of 1,000 actually make it to adulthood.”
Despite that bleak prognosis, brides marrying at Marquis have recently taken to turtle liberation as part of their ceremony, a local take on the tradition of releasing white doves. Guests follow suit, each gingerly holding a squirming amphibian, wishing the bride and groom future luck as they set the turtle down on the sand.
Sarah Treleaven was a guest of Marquis Los Cabos.
© Copyright (c) The Province
Damian Inwood
Province
U.S. Fleet’s tracking devices will monitor equipped vehicles using satellites to create real-time pictures like this. Photograph by: Handout, U.S. Fleet Tracking
An Oklahoma company is shipping 830 vehicle-tracking devices to the Vancouver 2010 Olympics to help prevent terrorist hijackings of athletes’ buses or VIPs’ limousines.
“For the Olympics, we’ll be able to update the vehicles’ positions every three seconds,” said Jerry Hunter, CEO of U.S. Fleet Tracking.
“They haven’t told me what their primary purpose is, but I’m reasonably certain it’s to make sure they don’t have a repeat of Munich — or don’t have a bus full of athletes commandeered or something like that.”
At the Munich Olympics in 1972, 11 Israeli athletes and coaches and one police officer died after a hostage-taking by Black September, a Palestinian militant group. Five terrorists were slain in the rescue attempt.
The system uses up to 16 satellites to triangulate the device’s location, giving latitude, longitude, heading and velocity, Hunter said.
It takes six-tenths of a second for the tracking device to send the data by wireless transmission to an Oklahoma server and make it available on-screen.
The system gives the speed and direction of the vehicle and options include locking the doors, disabling the starter or honking the horn.
“It gives Olympic organizers the ability to follow those vehicles and make sure they’re where they’re supposed to be,” said Hunter.
Hunter said that there are three different devices available: a hard-wired version, a portable version and a navigation device that can send messages to drivers and direct them to their destinations.
Hunter said about half the devices will be the portable ones, which are the size of a razor phone, can clip on a belt and cost $399 US.
Monitoring costs about $1 a day, he added.
“We’ve got 830 units going to Vancouver and Whistler and they will be on buses, on security vehicles, limousines and dignitaries’ vehicles,” Hunter said. “We set up virtual fences and every time the vehicle enters or leaves the fence, it sends us text messages and emails.”
He said the maps showing the vehicles’ locations will be monitored by the RCMP, Vancouver city police and provincial officials.
“They’ll have screens up with all these vehicles, but if a vehicle deviates from its assigned route, it can send messages the minute that vehicle veers off route,” he said.
Hunter said it’s not just mega-events like the Olympics or emergency and police services that use the system.
“We’ve got small businesses using it, husbands tracking cheating wives, wives tracking cheating husbands and we’ve got parents tracking their teenage drivers,” he said. “A gentleman in San Antonio decided to put tracking on his vehicles after he came around the corner and saw four of his plumbing trucks, all lined up with their logos showing, in the parking lot of a topless club.”
He said drug-enforcement agencies have used the portable tracking device in bags of cocaine during sting operations.
“Eighty per cent of our business is commercial, seven per cent is parents tracking teens and seven per cent is cheating spouses,” he added. “The remainder is law enforcement and ambulance services.”
He said while the majority of the company’s business is in North America, the tracking system is also used in Bahrain, Abu Dhabi, Bangalore, New Zealand and Europe.
U.S. Tracking is sending six software engineers to Vancouver to help run the system.
© Copyright (c) The Province
Tony Gioventu
Province
Dear Condo Smarts: Our strata council passed a rule that it would only receive correspondence through our management company. The rule states that any applications for rentals, hardship applications, requests for alterations, hearings of council, and any related strata business must be addressed only to the strata management company.
As owners, we have been fine with this, except council members themselves don’t abide by the rule, and routinely send out e-mails to owners in the complex regarding bylaw violations and official notices.
We heard that the changes to the Strata Act will permit e-mail as notice, but who does that have to be e-mailed to in order for the e-mail to be valid? What happens if the strata doesn’t provide an address, but the council members e-mail an owner? Can they officially reply back to the council member?
–Karen T, Vernon
Dear Karen: It is easy to understand why a strata corporation wants to maintain only one official address for receipt of notices and sending of notices. If everyone sends their correspondence to council, as well as the strata agent or president, you could end up with eight or more potential mailing addresses and e-mail addresses. It would make it extremely difficult to manage notices of meetings and requests of owners and tenants and agents.
However, the act does permit an owner to leave a notice or request for forms or documents required with a council member by mailing it to the recent address on file in Land Titles for the strata, by putting it through a mail slot or in the mail box used by the strata, by faxing or e-mailing it to a number or e-mail address provided by the strata corporation, or fax number or e-mail address provided by a council member for the purpose of receiving the notice.
An example of the complications of notice often arise when an owner gives a notice of a hardship application to a council member. Under the Strata Property Act, this is deemed to be proper notice, and if the council member ignores the notice and the council does not respond in writing after two weeks of the request, the exemption is automatically allowed.
E-mail is obviously going to become a common method of notice. The strata corporation and council members will only have to officially receive e-mails as notice if their e-mail address functions for the purpose of receiving notice. Likewise, the strata corporation can only send notice to an owner or tenant by e-mail if the owner or tenant has provided an e-mail address for that purpose.
If a strata is considering using e-mail for notices sent and received, it would be a prudent management decision for the councils and managers to create and maintain only one strata-identified e-mail address.
The strata corporation must ensure that the e-mail is checked daily as requests such as a payment or information certificate, or a hardship application, are all time-sensitive.
Council members, owners, tenants and strata agents all need to exercise caution when using e-mail.
Not only do the provisions of the Strata Property Act apply, but also the provisions of the Personal Information Protection Act. Always exercise caution in what you write in an e-mail. You cannot guarantee the security of sensitive or confidential information once you hit the send icon.
The updated changes to the Strata Property Act & Regulations are available on the Internet at bclaws.caor choa.bc.ca.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. Send questions to him at [email protected].
© Copyright (c) The Province
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