Index – Links To Sections or Pages:

Late Breaking News – Garry’s response to the BOD’s Budget Q & A as sent to Associa with a request to distribute it to all homeowners.

Garry Lockyer – Candidate for Stelkia Homeowners’ Corporation Director

SHC Bylaws Review Group

Weather Stations

2021 Canadian Championship Results

Forums

Garry Lockyer – Candidate for Stelkia Homeowners’ Corporation Director

October 7, 2021

Responses to Nomination Form Questions:

Provide a short background of your work history.

40+ years in Information Technology as a Field Service Engineer, Product Support Engineer, Project Specialist, IT Group Manager, Western Canadian Operations Manager, Canadian Mission Critical Services Manager, Services Sales Representative and Service Delivery Manager.  Go to lockyer.ca and/or lockyer.ca/Forum for additional information and views.

Identify the skills you bring to the Board.

Project and business management skills, IT technical skills, experience as President and Board Member for regional, provincial and national sports authorities and several years as Canada’s representative to a world sports governing body.

Outline why you have chosen to put your name forward for the 2021-2022 Board.

I served on the SHC BOD previously for 2 years – 1st year as a director-at-large and the 2nd as treasurer, and believe that I have more to contribute to the Cottages.  I will work to have a more transparent and approachable BOD, using as guidelines the BC Community Charter and bylaws used by towns such as Oliver, BC, by holding *open* meetings with recorded votes. I will also work to expand and enhance the SHC Operations Plan *before* any additional hiring occurs. Other priorities include reinforcing committees and preparing for the departure of the developer.

Additional Information About Garry:

Married (to Cheryl) with two adult-aged sons (Scott and Shane), a full time resident (Unit 101 since 2016 with absolutely no plans to move elsewhere), retired (from Hewlett-Packard), past president or board member of several local, regional and national organizations usually involving the sport of ballooning, Canada’s representative to the Fédération Aéronautique Internationale (FAI) Ballooning Commission (CIA) and chairman or member of several FAI/CIA sub-committees and working groups for 10+ years, avid hot air balloonist (for over 40 years) and newbie sailor (since 2017).

At the Cottages, while serving as a Director-at-Large and Treasurer, I successfully proposed changes to the Articles to allow all shareholders to be members of committees and wrote Committee Guidance, led the rewriting of the Parking Bylaw, led the rewriting of the Welcome Letters for new homeowners, renters and resellers, led the creation of TCOOL.ca (SHC’s official website), led the creation and adoption of the SHC Operations Plan and maintained the Homeowner section of osoyooscottages.com.

What Does Garry Stand For:

  • Respect for all shareholders.
  • Passionate defence of all shareholders’ rights.
  • Open board meetings.
  • Recorded votes for all BOD decisions.
  • Fiscal stability with multi-year forecasts.
  • Having a written plan to operate and administer the Cottages.
  • Freeze on hiring and entering into any long term contract until labour and service needs are reviewed and documented.
  • Having a capital asset plan that supports the operations plan and recognizes depreciation of assets.
  • Fully understanding what the Contingency Fund covers and having a financial plan to fund it appropriately.
  • Huge supporter of committees!

Links to Related Material

Government of BC Community Charter:

From the act:

“Purposes of Act

3  The purposes of this Act are to provide municipalities and their councils with

(a)a legal framework for the powers, duties and functions that are necessary to fulfill their purposes,

(b)the authority and discretion to address existing and future community needs, and

(c)the flexibility to determine the public interest of their communities and to respond to the different needs and changing circumstances of their communities.”

While SHC is not a municipality, this act should provide us with guidance on how to best manage the Cottages.

Town of Oliver BC Council Procedure Bylaw:

This bylaw describes how the town of Oliver, BC runs open council meetings. It should provide real-world guidance on how to run open BOD meetings including how to incorporate community input (from committees or delegations), allow questions from shareholders and when and how a meeting might be closed. The bylaw refers to the BC Community Charter in several places.

SHC Operations Plan:

This plan was presented at an Open Forum in the summer of 2019 and at the 2019 SHC AGM. It received overwhelming support at the Open Forum and was approved as part of the 2020 Budget. I was not able to find a copy on TCOOL.ca (I retrieved this copy from osoyooscottages.com) and believe that it has not been updated since 2019, so it is definitely out of date. This plan should be updated, or another plan developed, for the operation and administration of the Cottages *before* any hiring or contract signing / renewals occur!

SHC Committee Guidance:

I wrote Committee Guidance a few years ago and caused a reference to it to be inserted into the Articles. The original intent was to provide guidance for the operation of committees at the Cottages. It used words such as should and may. Committee Guidance was updated in May 2020 and now seems to be much more authoritarian, with words such as must. I could not find BOD Minutes about the updating of Committee Guidance and don’t recall any community review. I have heard from most committees about how the committee process was not working (for the committees) and this apparent change in approach may be a contributing factor. Committee Guidance should be reviewed and updated to better reflect how the community wants committees to operate.

Discussion Forum at lockyer.ca – lockyer.ca/Forum

The intent of this forum is to provide a place where shareholders / homeowners can discuss issues. When TCOOL.ca (the website) was envisaged it was expected that it would contain such area but that capability has not been implemented, hence lockyer.ca/Forum.

The material posted here will also be posted at lockyer.ca/Forum and everyone is encouraged to participate in discussion there.

Full Biography – Garry Lockyer:

Perhaps “too much information” but for those that want to know more about me. . .

Garry’s Thoughts on Articles, Bylaws and Rules:

  • SHC’s articles, bylaws and rules are a bit of a mess.
    • The articles might be fine for a small corporation (with few shareholders that might be able to conduct much of its business by unanimous consent) but do not fit well for a larger corporation:
      • Board positions should be identified and voted on, not selected by the BOD.
      • Board positions should have multi-year, perhaps overlapping, terms so that the entire BOD is not replaced each year.
      • All references to “the developer” should be reviewed and changes proposed in anticipation of the developer exiting.
      • “Operating as a strata” should be part of the articles rather than just an answer to a FAQ, with a statement that says something like “in case of conflict, BC Corporation law takes precedence over BC Strata.”
    • Bylaws and rules are currently a mixture of bylaws and rules.  Strata definitions for bylaws (things that apply to private property) and rules (things that apply to community property) should be used to better separate bylaws and rules and simplify the overall set of rules (rules used generically here).
  • Updating articles, bylaws, rules etc. is hard work and takes time.  I suggest that it might be best to work on these items over the next few months and then have a Special Meeting specifically for the purpose of amending the articles, bylaws and rules.
  • Re: Bylaw Enforcement, the role of the BOD is to enforce bylaws and rules, but the process begins with the BOD receiving a complaint.  I am confident the SHC BOD will deal with all complaints received.  I think the community is wrestling with the creation or generation of complaints, or to put it another way, with the policing of the bylaws and rules.  In general, the BOD should not do the policing *and* the evaluation (judging) of complaints.  My understanding was that the so-called administration person was to do bylaw enforcement – policing.  A single person may not be able to effectively police the Cottages and I am not in support of hiring additional staff purely for policing.  I think we must rely on all shareholders / homeowners / residents to carry out the policing part of bylaw enforcement.
  • That being said, the ad hoc Bylaw Review Group has prepared a number of changes for consideration at the SHC AGM and I have been given permission to post them – click here or see below.

Other Things on Garry’s Mind:

Note: The order these items are presented in does not imply priority or time sensitivity.  Some of these items are under already consideration but are listed in case currently proposed solutions do not get approved and implemented.  Others may be the domain of the developer – they are listed here for community awareness and possible input into the developer’s plans.

I (Garry L) do not have a proposed solution, and not even an opinion, for each and every item.  Readers should feel free to comment on these items and propose others so that we have a more complete “To Do / To Be Considered” list.

  • Completion of the Cottage’s Infrastructure:
    • Removal of Construction Office.
    • Building of Water Treatment Plant (WTP) pond.
    • Screening around WTP/Garbage area for best appearance.
    • Assuming responsibility for the WTP:
      • Handover from the developer to SHC.
      • Hiring of staff or contractor to manage.
      • Identifying any additional costs:
        • Insurance for the WTP?
  • Exit of Developer:
    • Legalities:
      • Head Lease.
      • Development Plan.
      • Developer shares.
      • Identify any/all liabilities or obligations currently held by the developer that SHC might have to assume.
      • Need for SHC to hire independent lawyer.
    • Transition:
      • Handoff of all information, documents, systems, etc. used to operate and manage the Cottages:
        • WTP “SCADA” system including computer(s), software, software licenses, support agreements.
        • Online maintenance system including computer(s), software, software licenses, support agreements.
        • Community Center and WTP (associated structures such as the Water Tank and Well Head Building) documentation (plans, drawings, permits, etc.).
        • Security system documentation.
  • Repurposing and renovation of current Sales Office:
    • Sense community on how space should be used:
      • Simple expansion of Great Room?
      • Purpose specific rooms:
        • Pool room?
        • Card room?
        • General purpose conference room?
        • Storage room?
      • Realign audio/visual equipment?
      • General redesign of eastern half of CC?
  • Traffic Calming Measures
    • Speeding, especially along Stelkia and West Beach, occurs frequently and is potentially dangerous.
    • Perhaps speed limit should be raised to 25 or 30 kph.
    • The installation of speed bumps and speed monitoring technology should be investigated.
  • Security and Safety:
    • Great to see the formation of Block Watch!
    • Do we need to look at additional security patrols, perhaps at random times during dark hours?
    • Should we implement a fob/card system for access to the Community Centre, the gym and the pools?
  • Significant change or maintenance:
    • Wooden stairs.
    • Beach logs.
    • Glass fences (waterfront and pool deck).
      • The water misters on the pool deck where disabled because of hard water staining of the glass fences. The misters could be re-enabled if the water staining issue was dealt with.
    • Other maintenance that should occur on multi-year basis (such as marina maintenance).
  • Landscaping
    • Renewal of Landscaping Contract
      • We should be nearing end of 3-year contract.
      • What are our renewal/extension options?
      • Should we ask for proposals for all credible suppliers?
    • Renovation of gravel beds / vegetation / landscaping along Stelkia to be similar to the those along West Beach to discourage golf cart traffic.
  • Storage of Capital Equipment
    • Shed attached to WTP?
  • Additional Capital Equipment
    • Snow clearing equipment
      • Roads
      • Sidewalk
  • What Does “severed from OIB reserve” Mean?
    • When does OIB have jurisdiction, when don’t they?
      • Emergencies?
      • First Nations Health Authority?

—————- End of BOD Candidate / AGM Material —————

October 13 Update:

The 2021 SHC AGM package is now out and contains a number of motions concerning articles, bylaws and rules. Not all of the items proposed by the Bylaws Review Group made it onto the AGM agenda. I am leaving the good work of the BRG here so that it is not lost when articles, bylaws and rules are next discussed.

Bylaws Review Group

The following material is the output of the ad hoc Bylaws Review Group and is posted with the permission of the group’s chair. I was not involved in this valuable initiative. I understand the changes discussed / proposed below have been forwarded to the SHC BOD for possible consideration at the 2021 SHC AGM.

I have not commented on the proposed changes here – I hope discussions break out at lockyer.ca/Forum.

Note: The pre- and post-ample of the cover letter for the list of proposed changes remains (to provide context) but the actual changes have been updated to reflect the group’s final product.

“Bylaw Review Group

Overview of Tuesday, August 31st

And Bylaws Under Review

Hello everyone,

Thank you for your attendance and interest in making The Cottages a better place to live.

This first session was lengthy but also valuable to bring long term and newer residents alike  onto the same page of reference. Background information is important in many respects. Now we can move forward with some modifications and updates that will be beneficial for the community at large.

The “high priority” Bylaws discussed included;

Proposed Bylaw Amendments (8), September 6, 2021

 (proposed amendments highlighted in Italics Bold for clarity.)

Proposal 1. Bylaw 8.2. 

Existing Bylaw reads;           USE OF UNIT

8.2   The maximum number of occupants allowed in a rental unit is 12. Any person(s) that stay(s) overnight in an active rental unit becomes an occupant. Occupants are defined as but not limited to tenants, guests and visitors.

Bylaw Amendment to read;     

8.2.  The maximum number of occupants allowed in a rented single residential address is 12. Any person(s) that stay overnight in an active rental unit becomes an occupant. Occupants are defined as but not limited to tenants, guests and visitors.

_________________________________________________________________________________________________

Proposal 2.  Bylaw 10.1.

Addition to USE OF UNIT to follow Bylaw 10  

10.1   Homeowners renting a property for less than 28 consecutive days will pay a Resort Fee of 0.5% of the rental amount to the SHC, that will be accrued in a separate SHC account to cover resort-type expenses.

Discussion points – a component of this fee would be applied to a part-time “Rental Concierge” person who registers incoming renters, provides them with updated info about the complex (including facilities, parking, map, etc.) and an overview of important on-site Bylaws. The point of contact would be the Clubhouse with hours to be determined. With clear expectations shared, all community residents will have a more congenial  summer experience.

_________________________________________________________________________________________________

Proposal 3. Bylaw 12. (a)

Existing Bylaw reads;           DISTURBANCE OF OTHERS

12. (a) No noise shall be made in or about the Unit or on the common areas or common facilities which, in the opinion of the Homeowners Corporation, interferes with the enjoyment of others of other Units or the common areas or common facilities.

Bylaw Amendment to read;     

12. (a) No noise shall be made in or about the Unit or on the common areas or common facilities which, in the opinion of the Homeowners Corporation, interferes with the enjoyment of others of other Units or the common areas or common facilities. Quiet time is 11:00 p.m. to 7:00 a.m.

Proposal 4. Bylaw 16

Existing Bylaw reads;          OPERATION OF PERMITTED VEHICLES

16. (g) Golf carts and ATVs are required to have unique identification marks on opposite sides – either on front and back or left and right sides. Total size of identification marks shall not be less that 10 cm x 15 cm.

Bylaw Amendment to replace above and read;

16. (g) Golf carts and ATVs are required to have clearly displayed numbers indicating the actual unit number associated to the golf cart or ATV. These numbers are to be a minimum of 8 cm (3 inches) high displayed on both right and left sides, in a contrasting colour to the background, and be affixed to the rear panels or rear side rails.

Discussion points – the original concept of golf cart identification has been side-stepped in many cases. Personal artwork and low visibility numbers make owner identification impossible in many cases. If an accident occurs with personal injury and/or property damage, the owner of the golf cart cannot be advised in a timely manner. Side rail or rear panel numbers allow both personal artwork and identification numbers to be displayed simultaneously, without impeding either.

Proposal 5. Bylaw 16 (h)

Addition to OPERATION OF PERMITTED VEHICLES to follow Bylaw 16 (g)

16 (h) Short term off-site Rental golf carts must be equipped with speed restrictors limiting speeds to 20 kph or below.

Proposal 6.  WHARF RULES.

Existing Rule reads;

Rule 3. l) Swimming from the Wharf is strictly at your own risk. Swimming from the Wharf is permitted only between first row of Slips and the shoreline, and must not interfere with the use of any Slip.

Rule Amendment to replace above and read;

Rule 3. l) Swimming from the bridge, walkway and boat slips is prohibited.

Proposal 7. WHARF RULES.

Existing Rule reads;

Rule 3. o) Fishing from the Wharf must comply with all applicable regulations and must not interfere with the use of the Wharf by any Boat Moorage Owner.

Rule Amendment to replace above and read;

Rule 3. o) Fishing from the Wharf must comply with all applicable regulations and is allowed only from the Fishing Platform at the south end of the walkway. Fishing from the bridge, boat slips and the walkway is prohibited.

Proposal 8. WHARF RULES.

Existing Rule reads;

3. p) No fishing equipment, coolers, personal floatation devices, lawn chairs, rafts, floatation toys, etc. may be left unattended on the Wharf at any time. Nothing may block the passage of Boat Moorage Owners to and from their Slip.

Rule Amendment to replace above and read;

3. p) No fishing equipment, coolers, personal floatation devices, lawn chairs, rafts, footwear, floatation toys, etc. may be left unattended on the Wharf or boat slips at any time. Nothing may impede the safe passage of boaters to and from their slips.

No place can ever be perfect for everyone, however, by respectfully communicating with each other, being forthright and considerate, this community will regain some of the appeal it has recently lost to some long time residents.”

—————- End of Bylaws Review Group Material —————

Weather Stations

Weather Stations Operated by Garry:

Area 27Davis Pro2 Weather Station at Area 27 Motorsports Park, east of Oliver, BC.

JF KustomsDavis Pro2 Weather Station at JF Kustoms, in Osoyoos, BC, near the north end of the runway at Osoyoos Airport.

Osoyoos Lake – North East – This weather station is at the Cottages on Osoyoos Lake (TCOOL) and is used mostly for testing. Current hardware is a WeatherFlow Tempest System.

Forums

Forums Managed by Garry:

General Discussion Forum – For Homeowners at TCOOL.

Pickleball Forum – Primarily for the Pickleball Court Project at TCOOL.