Pubdate: Wed, 02 Aug 2000 Source: Richmond Review (CN BC) Copyright: 2000 Richmond Public Library Contact: Unit 140 5671 No. 3 Road, Richmond, B.C. Fax: (604) 606-8752 Website: http://www.rpl.richmond.bc.ca/community/RichmondReview/ Author: Chris Bryan MANAGER OF CITY'S HOMES CRITICIZED The company that manages 58 city-owned houses is not living up to the requirements of the Real Estate Act, another property manager has charged. Property management companies are required to designate a nominee for each office, a role which requires a high level of education and experience. Section 9.16 of the Act requires that the nominee be present in the office on a regular basis, and that the person be "actively engaged in the business of the corporation or partnership." But another property manager, who did not want to be named, says that York-West Asset Management is not meeting those requirements. The Richmond office of the Calgary-based company appears to have been operating with minimal involvement of its nominee, Don Donson. In an interview with York-West nominee Don Donson last week, he was at a loss to provide many details about the company's operations. Donson was not at the York-West office when The Review called last week. At his Surrey residence, Donson's wife answered and said her husband was out. When questioned about her husband's work, she replied that he was "retired." When Donson was reached later that day, he said he wasn't sure how many city-owned houses his company was managing. "Now that's one I can't answer," he said. "I'm on holidays, and I've been away from the office for over two weeks now. Or, over a week, I should say." Two of the city-owned houses managed by York-West were found to contain marijuana grow operations earlier this month. Janet McAllister, the agent who manages the city's portfolio for York-West, said last week that they had issued 24 hour inspection notices to all tenants, and planned to survey the interiors of all their units within the week. York-West receives about $32 per house per month as part of the contract arranged in 1997. Under the terms, the company is required to inspect the homes once a month. Donson said his company is "pretty aware" of what's going on in the houses, because they "consistently inspect (their) houses." But he wasn't sure how often the properties were inspected. "You've really got me there," Donson said. "That would depend on the property manager that takes care of it. Normally you inspect the property after it's vacated. And before it's re-let." But McAllister said last week her company inspects the interiors of their properties annually, and does monthly drive-by (exterior) inspections. The receptionist at York-West said Donson had "just stepped out" and would be back in half an hour, when a second call was made to the office this week. McAllister said that Donson wasn't coming in that day, because his car was in the shop. But she said Donson "pops by every day," and oversees the business. "He's the figurehead," she said. "He holds the office license and oversees me, so when you call him, you're checking on me." Rob Fawcett, executive officer of the Real Estate Council, says the responsibility of the nominee is a de facto boss, who oversees all aspects of the operation. Fawcett said if a company is found to be without a nominee in regular attendance, that person can be subject to council discipline. "Sometimes we do find nominees in breach of (the regulation), in that they weren't in regular attendance and active charge of the business," Fawcett said. "Or that they weren't in regular attendance and active charge of a particular transaction." George Duncan, the city's chief administrator, said he has asked staff to review the contract with York-West, and their performance to date. The participation of the nominee is among the things they will look into, he said. Duncan said he plans to see if it is time to put the city contract out for a new tendering. Mayor Greg Halsey-Brandt said he'd like to see city homes inspected more often, but how often is up for debate. "Before, they weren't doing internal inspections, just drive-bys," he said. "We're asking them to do more than that-I don't know how much. Obviously, you can't harass people." Halsey-Brandt suggested the solution might be to have the company conduct more internal inspections in the early stages of tenancy. Tenants at both houses where grow-ops were found had been living there less than a year. The tenants at 9685 Ferndale Rd. had moved in Aug.1, 1999, and the tenants at 9215 Granville Ave. moved in two months later. According to the mayor, Richmond RCMP has a backlog of about 80 houses which are suspected to have grow-ops, that require investigating. He said he has considered creating a levy against landlords to pay for the emergency services required as a result of grow-op investigations and supplemental damages to the community. - --- MAP posted-by: Terry Liittschwager