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Condo woes may prompt new association

Josh Kerr Friday May 25, 2012

Ian Stewart/Yukon News

P3condos

Residents of the Lansing Point condominium complex in Takhini are suing the developer for shoddy construction.

Jamie Tait is angry, and he’s not alone.

On Wednesday night, more than 40 people met at Yukon College to discuss the need for a city-wide condominum association.

It was there that Tait told his tale.

Two years ago, he bought a condo for his son, Darryl, who had become confined to a wheelchair after injuring his back in a snowmobiling accident in 2009.

The new unit in Takhini’s Lansing Point complex was the only condo in Whitehorse that was suitable for his son, said Tait.

It didn’t come cheap.

“We could have bought a house for less money than we paid for that condo, but it had to be totally accessible for Darryl,” he said.

The problems with the building were apparent right from the start.

“We noticed them the very first winter before Darryl even got out of rehab,” he said.

Cracks started to appear in the drywall as the building settled.

“They said they were going to fix it, over and over,” said Tait. “(The developer) told me that to my face. Now he won’t even talk to us.”

The developer, Wayne Cunningham of Karaway Homes, also didn’t return a call from the Yukon News.

The buildings are still under a five-year structural warranty, but apparently it isn’t worth the paper it’s printed on, said Tait.

“The building basically has to fall down,” he said.

The condo board is now suing Karaway Homes, the engineers who worked on the foundation, their own insurance broker, the insurance company and the City of Whitehorse.

In its statement of claim, the condo board said that the foundations of both buildings at Lansing Point were laid improperly. Frost heaves are now causing the buildings to shift.

In court filings, the city admitted that it didn’t inspect the foundation. Instead, it relied on reports signed by the professional engineers. That’s routinely done with large projects like Lansing Point.

Both Karaway Homes and two engineering consultants, N.A Jacobsen and J.R. Paine & Associates, insist in their own court filings that they did nothing wrong.

“It’s bad enough dealing with your kid, and then dealing with this bullshit too,” said Tait, shaking his head. “I’m in a situation where there is no other building in this town where I would move my son into.

“I’m pretty pissed about this.”

Stories like this motivated Sunny Gray to try to get a Whitehorse condo association up and running.

Gray, who owns two condos himself, also runs a property management company that works with a lot of condo boards.

“Every board, they feel the issues that they’re facing are specific to their board, but I can tell you right now, that’s not the case,” he said. “A lot of the issues that are coming up are broad spectrum.”

At the meeting Wednesday night, Gray laid out his vision for the association.

The first is protection. “Protection from corruption on your board and protection from shady developers,” he said.

That’s not to say that all developers are bad, said Gray. In fact, he’d like to get developers involved with the association.

“Some of these guys have built the town,” he said. “They’ve been here their whole lives and have dedicated their time and energy to building a community. However, we do have that cross section who are taking advantage of the situation.”

The second point is unity.

Having condo owners organized would, Gray hopes, allow them to more effectively lobby the government for changes to condo regulations.

The territorial government is currently reviewing the Yukon Condominium Act. If condo owners want to have a seat at the table, they need to organize, he said.

“You can’t go to the government as one person to try to get something done. You need to have a voice, you need to have strength in numbers,” said Gray. “That’s the only way you’re going

to rectify issues. Otherwise, forget it, you’re just banging your head against the wall.”

Last month, the NDP proposed creating a law to protect homeowners from unscrupulous development. Yukon Party members replied that providing home warranties is probably best handled by the private sector.

If condo owners were organized and speaking with one voice, that might not have happened, said Gray.

The third point of the association is networking.

“If you were an association and you changed something in your bylaws and it worked positively for you, you’d be able to share that information with the board,” said Gray. “Or if you have a contractor for snow removal and he was efficient and affordable, you could say, ‘Use this guy,’ because it’s really hard to find contractors out there.”

The final point is education.

The rigour of running a condo board - taking minutes, holding meetings, managing finances - is a challenge that many boards find themselves unprepared for, said Gray.

Before the meeting ended, several attendees put themselves forward as possible candidates for the new association’s board of directors.

“We’ve got a lot of work ahead of us,” said Gray. “I’m not saying it’s going to be an easy fix. I’m saying it’s necessary.”

Contact Josh Kerr at

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9 Comments

Condo tenant wrote:
1:15am Tuesday May 29, 2012

skeptic - speaking as one who lives in a condo and has dealt with Sonny and Gray Management services, they have taken the time to inform themselves, research the issues and resources available.  Any questions that have been put to them so far they have answered professionally and carried out requested tasks in a timely and effective manner.  I commend Sonny for taking a leadership role and by starting an association he is certainly inviting others to join in with their skills, resources and questions.  I welcome a Yukon grown solution to problems and issues facing us.  Your comment about self serving is misplaced in my opinion.  Some one had to take the lead to get things started as the problems are growing each year.

Wayne wrote:
3:05am Monday May 28, 2012

Excellent choice of words, Mr. Tait.

Disappointed wrote:
8:26pm Sunday May 27, 2012

Shame on you Wayne Cunningham - do the right thing.  You are making money off the backs of Yukoners and sticking it to them with your poor building practices.  Get out in front of this jam, come clean with your promise to build quality homes and fix it!  Shame on the City too - we pay property taxes to pay inspector wages - and you aren’t doing your job to protect the $400,000 investment by these condo purchasers.  People need to start doing their jobs - no matter how menial or insignificant it may seem - someone is depending on you to do it.  After all, you are being paid!!

skeptic wrote:
5:39am Saturday May 26, 2012

My query is just how much would Mr. Gray like to be compensated for this “leadership” venture and, aside from being a property management company for condos (what are his qualifications aside from running security services???) and owning a couple of condos himself I am skeptical of the self-serving nature of his proposition…ask some intelligent questions folks before being charmed but a smooth talker.

willard phelps wrote:
11:49pm Friday May 25, 2012

My concern is that most condos have electric heat which is very inexpensive for the builder to install. Right now heating with electricity is competitive with other fuels.
Current electical rates for large residetial consumers are unrealistic and are bound to soar for consumption over 1000 kw per month. When (not if) that happens the condo owners are going to suffer the cosequences.

Jennifer Smith wrote:
11:43pm Friday May 25, 2012

I would never buy anything new in this town.  The building regulations are a joke, and there is no voice for the buyers.  It seems like most of the developers are in it for the money and don’t give a damn for the health and safety of the people who will be living there.  So sorry for your situation, Jamie.  I hope it all works out for you and your family.

MsPurplePearl wrote:
10:06pm Friday May 25, 2012

The City admits they didn’t inspect the foundation but relied on the engineers ... wth??? This is pass the buck here and not fair to the owners of the condos. If the City relies on engineers then get rid of their inspectors and save a whack of money and very generous benefits.

flyingfur wrote:
9:31pm Friday May 25, 2012

Paying condo fees?  Stop paying them or better yet, get everyone in the effected buildings to stop paying them until these shysters take you seriously…and keep going with the lawsuit.

Norm Hamilton wrote:
9:22pm Friday May 25, 2012

As I look around and see condos being built using the least expensive material available, constructed by the lowest bidders and calling them “Executive Condos” I can’t help but wonder.

Hopefully this kind of board can help protect the buyers in this market that has been so falsely inflated. As stated, it will also help protect those developers who are responsible and have scruples.

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