Friday, October 28, 2022

Trees

NW2671 Landscape Design

Sunridge Estates' original landscape architect provided over 280 trees, mostly birch, maple, and pine, as well as thousands of bushes and ground cover plants. 

Since 1988 individuals planted even more trees - including all the fir and cedar trees - creating an urban forest that kept us cool in summer and happy throughout the year. Noise, grime, air pollution, and maintenance costs were minimized - while curb appeal, property values, privacy, health, safety, and quality of life were maximized.

The trees were planted in groves, which stabilized the earth and preserved the water table in compliance with tree cutting permit protection bylaws and restrictive covenants that run with the land for slope stabilization and geotechnical security














http://earth.google.com/ - this satellite photo shows the evergreen trees - but not the deciduous trees which were without leaves for the winter.


At least someone at city hall valued trees enough at sometime to allow them live on city streets and property - it is a shame we were not so lucky here at home - too bad, so sad.






















































2002
For years we enjoyed this beautiful evergreen ground cover
planted and maintained in front of Unit 409 
and throughout Sunridge Estates













2004
Unit 409's view of trees in Spring and Summer


















From April to November each year the windows of unit 409 were surrounded with the leaves of trees













They cleaned the air, deadened sound, provided privacy and shade,
and were a source of tremendous beauty and enjoyment












All our living room windows were beautiful, and we hung mirrors inside to reflect the leaves









Unit 409's view of the maple tree in summer 


















Unit 409's view of the birch trees in autumn













Unit 409's view of the pine tree in winter
















These are 3 of the trees that stood across from unit 409. They all died very suddenly between 2005 and 2007 and were cut down. None have been replaced.



















Sunridge Estates - View of Guildford Way
Looking through groves of standing trees planted by the original landscape architect


















Sunridge Estates - View of Guildford Way - After the trees were removed and replaced with wooden fencing













The trees along Rambler Way.














Here is a view of the meridian pine trees from Unit 518, one of the Ramble Way units, before they were destroyed due to Al MacLeod's interest in selling panoramic views.















2005
Unit 409's view of birch trees in winter



















These trees around unit 409 stood in the protected area, specifically preserved throughout the building envelope project. In accordance with restrictive covenants that run with the land, the Coquitlam Tree Cutting Permit Bylaw, and the binding terms of the building envelope repair Contract, only one (1) tree was cut down next to our unit, and it was supposed to be reinstated in accordance with Sections 71 and 72 of the Strata Property Act.















I managed to save most of them by appealing to the City of Coquitlam - until we came back from vacation in February 2006 - to find that Al MacLeod had cut down the trees in front of our unit while we were out of town, 7 months after the building envelope scaffolding was removed. These trees suddenly disappeared - with not even a trace of a stump - just as if they had never existed.














I had told Al MacLeod that the trees around our unit were extremely important to our enjoyment and property value, and as a realtor, he knew it. When I complained he sent an email proclaiming that he had a right to take action against others. 

When I pointed out that he had no right and mentioned the restrictive covenants, Strata Council Member liability insurance, the cost of reinstatement, and the decision in Dockside Brewing Co. Ltd. et al. v. The Owners, Strata Plan LMS 3837 et al., 2005 BCSC 1209 (CanLII), <https://canlii.ca/t/1lgx6> Mr. MacLeod sent an email calling me vile and despicable.  


When our building envelope project was completed in 2005 the minutes reported about half a million dollars of special levy funds remaining, and a $50,000 budget for reinstatement of any unavoidable damage to the landscaping. The surplus was supposed to be refunded to the owners, but instead it was diverted to destroy hundreds of trees worth millions to create panoramic views and demolish and reconstruct over a dozen unlawfully added extra decks that the city ordered removed or brought up to code. Our estimated share of the surplus special levy was about $8,000, but we never got a dime back; it was all spent over the next 5 years, contrary to s.108(5) and (7)...

February 2006
This is unit 409's view after the trees in front were cut down in 2006. Fifteen years of quiet tranquility and beautiful views in spring, summer, and fall - replaced with unsightly views of buildings, rooftops, loud traffic, dirty polluted air, and noisy drainage. Worse yet, these trees were cut down illegally and not replaced and the land has sunk as all the roots decomposed.

 









Our soul-crushing view of buildings and roof tops is a daily reminder of the damages, the full extent of which may not be known for years to come as homes and decks sink and remaining trees struggle unsuccessfully to survive the wind standing in isolation and to continue to grow with a correspondingly lower water table that does not seem to support their continued survival.


Our home has been noticably hotter, and as an asthmatic post-menopausal woman I have suffered physically as a result. https://treecanada.ca/blog/how-trees-keep-us-and-our-communities-cool/

Our property assessment showed our comparative property value was reduced by $6,000, while Mr. MacLeod's was increased due to the changes in views.



It has been devastating to our enjoyment. 

We lost privacy, and our unit is much hotter, dirtier, uglier.
The whole complex is stigmatized. 
It is more costly, corrupt, and less valuable.














Trees expected to live to age 80 in nature, are no longer surviving in Sunridge Estates - while the trees outside of the Sunridge Estates perimeter appear to be doing just fine. The cost is staggering, with an estimated price of $15,000 to replace each mature tree. The time to grow replacement trees will exceed some of our remaining life spans. The environmental and spiritual costs are crushing. The geotechnical cost of failing to replace the trees before their roots rot away entirely is unknown.

View of Sunridge Estates from Landsdowne Drive - After trees planted by the landscape architect in this area were removed - this was a shocking sight to existing owners






























The obvious questions were and are:
Why were all these trees cut down? On what authority?

These are pictures of the landscaping in front of unit 409 before (photo above) and after (photos below, taken in 2008, 3 years after completion of the building envelope project)














This entrance to 409 creates a bad first impression














We think the reasons for restrictive covenants, tree cutting permits, and a 75%vote to decide on significant changes to the common property are important ones. Extremely important.

This stump was not really a problem.
The cracked foundation looks like far more of a problem.














but the stump was repeatedly left at our front entrance - many times - for 3 years - while other stumps were removed from far lower profile locations.





- Why?
- Does the answer even matter anymore?







Certain trees disappeared with never so much as a trace of a stump.














This devastation had nothing to do with the building envelope repairs,
and everything to do with panoramic views and retaliation for complaining.

In 2010 Georgia Title flattered herself by taking on the role of landscape architect and retaliated against my complaints by removing the Maple tree next to our living room window in 2013

Why were trees in the hundreds and bushes and plants in the thousands torn out without 75% approval of the owners? 


The answer is because courts defer to strata managers who make a mockery of the Strata Property Act, depriving owners of strata property of equal protection under the law.

Owners did not contemplate changing the landscaping design when they approved the building envelope project - trees were clearly protected in the building envelope contract - and a special levy budget was specifically provided for remedial landscaping to restore any unavoidable loss or damage.

When the owners voted to approve the special levy for building envelope repairs we did not expect the funds to be diverted to destruction of landscaping to create panoramic views or desruction of our patio to build unlawfully added extra decks and skylights for those who didn't value them enough to pay the extra expense attributable to their existence.




Our building sunk as roots decomposed after the trees were cut down and not reinstated, and more supporting beams had to be installed underneath the northeast corner and wooden boxes to help support the staircase on the south side. 


















Our strata fees and special levies are higher since the roots decomposed causing damaged from sink holes, destabilzed buildings, and premature failure of underground pipes all over the complex.

The photo below shows roadways that are constantly being patched up, and the fence that was added alongside with another special levy instead of reinstating the trees...












NW2671 strata fees are out of line with most other stratas and our property values are out of line with the market. For example, I sold my 3-bedroom fully renovated 1973 townhouse in Port Moody for $53,000 to buy this new 3-bedroom townhouse for $103,000 in 1988, both 3-storey wood-frame buildings on sloped acreage.

Then I paid another $100,000 in special levies here, while being deprived of repairs and maintenance, and now this place is tax assessed at $756,000 with monthly strata fees of $457.87, which is artificially lower than the true costs, which are deceptively paid with special levies as standard practice. 

In comparison my old place is now tax assessed at $648,900, with strata fees of $276 and the benchmark price of an Eagle Ridge townhouse in May 2022 is $1,141,200. Our comparative property value has plunged and our strata fees, insurance, and special levies have skyrocketed.


https://rennie.com/rennie-post/benchmark-prices-june-2022


RELATED LINKS:
http://www.qp.gov.bc.ca/statreg/stat/S/98043_05.htm#section71
http://www.choa.bc.ca/members/pdf/200/200-049%20Tree%20Removal.pdf
http://www.climatecrisis.net/