|From: Kevin Duguid [mailto:firstname.lastname@example.org]
Sent: Monday, January 08, 2001 4:00 AM
To: James BALDERSON
Subject: Sonrisa LMS 3199
Sonrisa LMS 3199
The Strata Council for LMS 3199 request that you confirm in writing to AWM-Alliance Real Estate Group Ltd. prior to Tuesday, January 23, 2000 that Sonrisa will be removed from your unsubstantiated list of leaky Condo buildings. The burden of proof that the building for your list is not with the Strata Corporation, it is with qualified experts to determine. None of which we are aware you have employed.
Please note that should a building in future wish to join your list to band against developers, we would hope that this would be a decision the owners choose to undertake.
Failing to comply by this date will result in further legal action being taken by the Strata Corporation. This may include Mr. James Balderson since he has responded to the Strata Corporations concerns via his personal Email.
(The letter below was retyped from the fax as received.)
AWM-Alliance Real Estate Group Ltd.
January 10, 2001
Re: LMS 3199 “SONRISA”
Relative to the above, we write in regards to the above noted building.
It has been brought to the attention of the Strata Council of LMS 3199 that “Sonrisa” has been implemented onto your unsubstantiated “leaky condo list” of buildings. I have been directed by the Strata Council representing the owners of the building to demand that you remove their building from this list as this assumption by your organization has no merit.
Should you fail to remove the complex from the list within 72 hours and provide a response forthwith, further legal action may be taken to resolve this matter.
We look forward to your immediate attention regarding the above.
STRATA COUNCIL LMS 3199
700-1177 West Hastings Street Vancouver, B.C. V6E 2K3 Tel: (604) 685-3227 Fax: (604) 893-1721
From: James Balderson [mailto:James.Balderson@myleakycondo.com]
Sent: Tuesday, January 16, 2001 9:51 AM
To: Kevin Duguid
Subject: DEMAND LETTER - SONRISA LMS3199, 3122/30/36 St. Johns St., Port Moody
We have your letter dated January 10, 2001, in which you refer to our "unsubstantiated Leaky Rotten Condo List."
We try hard to verify information before entering a condominium project on the list.
We welcome any information you can provide to us so that we may produce a valid listing of leaky rotten condominiums and their state of repair.
In demanding that Sonrisa be removed from the LRC List, are you going on record to say that the building does not fit the definition that we have published with the LRC List?
We apologise for not replying within the allotted 72 hours.
All of our available time and resources were taken up producing the attached document: "Tricky condo market spurs false advertising complaints against realtors" You may find it helpful.
We will be revising the LRC List later this month, any information you can provide will be helpful.
2001 January 22
Mr. Kevin Duguid, VIA email: email@example.com
Dear Mr. Duguid:
RE: LMS 3199 – The Sonrisa, 3122/3130/3136 St. John’s St., Port Moody
Further to previous correspondence (January 08 & 10) in which you demanded that we remove the Sonrisa from COLCO’s Leaky Rotten Condo List and our reply (January 16) asking for further information regarding the state of leaks and repairs and your email today once again threatening “further legal action” against COLCO and myself, we ask that you clarify your relationship with the Strata Corporation.
We have determined that you are a licensee (A9) with The Real Estate Council of B.C. Your license permits you to engage in the sale of real estate and in “property management”, i.e., the management of property for rent. Your activities with respect to the management of non-rental strata property, e.g., The Sonrisa, is presently unregulated, thus putting the owners of strata properties at risk. You may want to refer to the recent government “white paper” regarding this matter, and, further, the financial collapse of other unregulated “property managers” which have cost owners thousands of dollars.
You have presented no documentation that you are indeed acting on behalf of the Strata Corporation. Did the Strata Corporation appoint you as their unregulated agent?
You refer to “further legal action” as if you are acting as a lawyer, yet you are not a member of the Law Society of B.C. as required by law. Please explain.
James Balderson for COLCO
3122/3130/3136 St. Johns Street
Dear: Mr. Balderson
RE: Removal of Sonrisa from your list
When I discussed the removal of LMS 3199 from your list of leaky condos with you over the phone I was asked to send a letter from council requesting that you do so. At that time you said once you have received a letter from us you would remove Sonrisa from the list.
Under direction of Council AWM-Alliance Real Estate Group Ltd. Sent you a letter Dated January 10,2001 to James Balderson in which we asked you to remove LMS-3199 (Sonrisa) from your list. You responded to our letter with an e mail on January 16,2001 which tells me you received our letter before the 22nd the date you told me you up date your list, so I once again ask that you Uphold your promise to remove LMS 3199 from you list right away.
Any further correspondence from the strata council of LMS-3199 will
come through AWM-Alliance Real Estate Group Ltd. under direction of the
Strata Council LMS 3199
2001 January 24
Mr. Barry Tinant VIA email: firstname.lastname@example.org
Dear Mr. Tinant:
RE: COLCO’s Leaky Rotten Condo List: The Sonrisa by Bosa
We have your letter today by email in which you request removal of the Sonrisa from our Leaky Rotten Condo List.
Thank you for authorizing us to deal with Kevin Duguid as an unlicensed, unregulated property manager on your behalf.
I did not tell you that we would remove the Sonrisa upon receipt of a letter from the strata corporation asking us to do so. Our standard operating procedure is to receive information and then decide what to do with it. You and AWM-Alliance Real Estate Group Ltd. have simply demanded that we remove the Sonrisa. You have failed to provide us with good and sufficient reason to do so. You have failed to provide copies of “reports” you claim to have, and you have failed to provide statements regarding what, if anything, was done regarding any reported leaks and rot in the building(s).
We await further information from you with respect to these matters. We will revise the entry for the Sonrisa based on the information we have on hand.
The law requires full disclosure. Why do you hesitate?
James Balderson for COLCO