News   Nov 18, 2024
News Roundup for November 18, 2024
 279     0 
News   Nov 18, 2024
Morning Train
 431     2 
News   Nov 15, 2024
49-Storey Condo Proposed on Dundas West Near Kipling Mobility Hub
 2.8K     7 

Noisy Condo Tenants

Under the Condo Act you can ask to look at (for no cost) the minutes of a recent Board meeting. They can redact information involving other owners o9r staff but that would not include Board members names (though maybe not contact details). See Act at http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_98c19_e.htm

Look at Section 55 and in particular:

Examination of records

(3) Upon receiving a written request and reasonable notice, the corporation shall permit an owner, a purchaser or a mortgagee of a unit or an agent of one of them duly authorized in writing, to examine the records of the corporation, except those records described in subsection (4), at a reasonable time for all purposes reasonably related to the purposes of this Act.

A Board cannot hide behind a Property Manager as it is the Directors who are legally responsible for running the Corporation and enforcing the Rules.

I suggest you write to The Corporation (c/o the Property manager), quote the Act and ask for an appointment to look at the minutes of the last few Board meetings and the last AGM. All ought to identify the current Directors.
 
Do you not know who the members of your board are? Go and knock on their door, or speak to them in the elevator.

In my building, the security staff once sent out an email to all the owners without using a group, so we all have everyone's email addresses.
 
I'm a board member in my building; please don't just knock on my door :)

However, we have set up an email address where people can contact us. Also, our names are on newsletters, Facebook postings,our private forum, etc. so I've had people look me up in the phone book and give me a call if they don't want to make a post or send an email.

Obviously, though, not every board is as open to communication as we are.

There have been a couple of posts on how to get the board members' names.
 
moonbal said:
To give you an update, I wrote to the manager again, asking for board's contact info and he told me it's against the policy and that he will let the board know of this matter.
And it seems there's no law requiring the board members contact info be made public to the owners. WTF is up with the condo act? It's goddamn joke...
Click to expand...

Agreed.
I live in a building where the board members names aren't published.....if you can't make it to the yearly meeting, you will never know.
Requests to the board through the property manager are completely ignored. Even the property manager agrees that this is ridiculous.
There is no higher authority to go to, it's just the way it is.
I'm moving.
 
Well, months of incessant complaining paid off. Manager finally talked to the board and they approved legal actions.
Although there was another delay (almost 2 months from the approval) but the condo lawyers served the unit owner and its tenants with a letter of cease and desist plus an invoice for the legal fee; which was quite steep.
Unfortunately this has caused another headache as the punks retaliated by peppering my car with pretzel pieces and setting a bird on it to poop over the hood and windshield: I don't have physical evidence but it's pretty obvious from all the facts (3rd level underground parking, parking lot next to each other, juvenile form of retaliation matches their age, etc..)
Anyways, bottom line is that I haven't heard a peep from them in over a month and enjoying good night's sleep. :)
 
I did but lacking any evidence, they couldn't do anything. Manager told me that he will advise the patrol guard to pay more attention to my corner of the parking lot.
But that still won't be good enough. So I'm looking into getting one of those motion activated cctv cameras. If I catch them in the act, that will be the nail in the coffin.
 
that's awesome. good work. persistence pays off. I'd do the same. I can't stand loud noisy neighbors who disrespect the rules.
I am curious how they managed to get a bird to stay on your car to poop. :)
 
It is to bad you went through all of this.

First thing to know is you have the right to know who the condo directors are. The status certificate must state their names and mailing addresses. Second, the board has a duty to enforce the Act, Declaration, bylaws and rules.

If they fail to do so, and you have been enduring weeks-months of excessive noise, you send the board a letter from an experienced condo lawyer claiming oppression by their failure to carry out their responsibilities. The tenants, the owner and the board and even the individual board members can be sued.

Recently, a woman was awarded $40,000 plus $20,000 in legal costs when she sued her board for failing to stop the noise that was coming from the upstairs apartment. The woman had to move into a hotel and the condo picked up the tab for that.

Once the condo's lawyer got involved, the noise stopped. It is the owner who gets the $800-$1200 bill for the lawyer's letter. The owner then goes after his/her tenants.

No need to put up with excessive noise.
 
I had to move because of a noisy neighbor, who turned to harassment and threats. The board was unresponsive, the property manager did what they could, without any support from the board. Other members of this forum told me "well, you knew what you were getting into".
Wish I had the money for a decent lawyer.
 
You must log in or register to post here.

Back
Top