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Poor quality condo - frustrated with developer - what can be done?

pickleberry

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Hi all

This looks like the kind of place which is full of knowledgeable people, so if anyone has any advice to offer I would appreciate it greatly!

I moved into my brand new build condo in September. I won't name the project because of the content of this post.

I was one of the first in, we're now sitting at 75% occupied units, with the remaning yet to be completed. Registration is in motion (apparently), but until then we're all paying the occupancy fee, plus taxes and full condo fee. Promises of an early registration have come to nothing - no suprise there - but there is talk from the developer of early next year.

There are three elements to the management structure here:
1) The developer - the main spokesperson we all have to deal with is arrogant, unhelpful and untruthful individual who seems to have no care other than to make the cash.

2) The 'property management company' - a company I have never heard of, and Google produces nothing. Seems to me they're creaming off the condo fees and providing zero in return.

3) The on-site construction manager - who works for the management company - doesn't seem to do much other than write notices.

Before I go into things, I want to let you know that isn't just my gripe - everyone in the building is feeling the same as I am - not just me being awkward and picky! :)

The main problem we have is with the quality of the work done in our building. The common areas still have a lot to do, but what is worrying is the quality of the workmanship in the units.
We all submitted our Tarion PDI forms, I personally have spoken to about 10 of my neighbours, not one of us was below three pages of defects or incomplete items listed. My unit is one of the smallest at only one bedroom and I was able to list about 50 items that needed rectifying.

The construction workers are proving useless at fixing the issues. Of my problems, about 3 have been 'rectified'. The main gripe we all have is that the workers really are hopeless - when they come to fix a simple issue they arrive early (7am), without the proper notice, and end up damaging other things such as floors, tiling, etc. I have been lucky with incidental things being broken, but other residents need whole rooms refloored.

It is frustrating beyond belief - so much time and money is being wasted by the developers to resolve minor issues that should never have been accepted in the first place. Every single one of my light switches/hydro outlets is out of alignment. I have cracked windowframes, poor baseboards, moving floorboards, broken countertop, the list goes on. The construction workers they have hired have no idea of how to perform a good job. Residents have lost confidence in the work being completed.

We all report these issues to the manager on site, but nothing seems to be done. We are even having problems with rodents in the building - including in my unit personally. I reported this weeks ago but nothing has been done to resolve the root cause.

The developer will no doubt fall back on the 'we have one year to resolve the issues under the terms of the Tarion warranty', but in the 4 months I have been here, hardly anything has been resolved. I have furnished and decorated my unit but others are holding out until the work that needs to be done is done. Some residents are even asking if we can hire our own contractors to resolve the problems and bill the cost back to the developer/Tarion. It really is getting that bad.

In addition, we are all paying our condo fees (which, incidentally are higher than what was given in the disclosures), but seem to get nothing for it. Obviously we can't use the common benefits, but they're not giving us services we should be getting. Garbage collection is disorganised and not environmentally friendly, my windows have not been washed since i've been here, and are filthy, etc..

As mentioned above, I personally feel that I can't talk to the developer as the person we deal with is totally unapproachable (this with with regards to a claim for delayed occupancy - I was told that they have no interest in resolving the claim and i'll need to fight it with Tarion). He even told another resident they should move out when they complained about excessive noise from the garage door motor!

The manager on-site gives us the brush off with "i'll look into it" but it goes no further.

Is this kind of scenario par for the course with new builds or are we the exception?

I'm trying to get us all together and unite to solve the problem - but who should we approach and what legislation is there to help us?
If anyone has any advice or can provide links to resources that would be great!

Thanks for reading

-M
 
Sorry to hear about your problems. Hopefully these things will get fixed but would you care to disclose the developer as a warning to anyone else looking to purchase from these guys? perhaps you can pm me.
 
pickleberry said:
1) The developer - the main spokesperson we all have to deal with is arrogant, unhelpful and untruthful individual who seems to have no care other than to make the cash.

investor said:
My sympathy goes out to you but serves you right for buying something pre-construction!

:D :D :D

investor, weren't you outed in the condo board & reserve fund thread as a developer yourself? Are you trying to combat a stereotype or something with a comment like that? Haven't you ever been involved in a pre-construction swindle? Buyer beware while you laugh all the way to the bank with the rube's money? Does that ever happen in Toronto?

Welcome pickleberry! As you might soon notice there are a lot of people here selling development biz crap. Investor has previously said... "this is a site dedicated to development".

Don't let it get to you. It can be quite entertaining. :)
 
pickelberry: I hope that you listed all of the issues that you described above in your PDI. If not, send an addendum and copy your lawyer.
First thing is patience. A good developer who cares about it's reputation will strive to address deficiencies in a timely manner. Many other developers will address them over the period of roughly a year after occupancy. They'll have a few workers who will be moving from suite to suite trying to replace/repair whatever they are capable of doing, but that takes time. If there are a lot of repairs to things which are more specific, they'll eventually bring in the appropriate trade workers who will make the rounds for a few weeks to address all of the concerns.
Second point, don't let anyone talk you out of something that you feel is deficient or be told "your being too picky".
Finally, be prepared for trade people coming and going at all hours and leaving a mess behind for the next 1/2 year to year. It's disruptive but it has to be done.
In a perfect world it would be great to move into a new home without anything being wrong but that just isn't going to happen, so be patient or you'll cause yourself far too much unnecessary worry and stress.
Good luck and enjoy your new home.
 
pickelberry: I hope that you listed all of the issues that you described above in your PDI. If not, send an addendum and copy your lawyer.
First thing is patience. A good developer who cares about it's reputation will strive to address deficiencies in a timely manner. Many other developers will address them over the period of roughly a year after occupancy. They'll have a few workers who will be moving from suite to suite trying to replace/repair whatever they are capable of doing, but that takes time. If there are a lot of repairs to things which are more specific, they'll eventually bring in the appropriate trade workers who will make the rounds for a few weeks to address all of the concerns.
Second point, don't let anyone talk you out of something that you feel is deficient or be told "your being too picky".
Finally, be prepared for trade people coming and going at all hours and leaving a mess behind for the next 1/2 year to year. It's disruptive but it has to be done.
In a perfect world it would be great to move into a new home without anything being wrong but that just isn't going to happen, so be patient or you'll cause yourself far too much unnecessary worry and stress.
Good luck and enjoy your new home.

At a certain point you just have to forget about some of the minor deficiencies that are purely cosmetic. I've had cabinet doors replaced multiple times and the replacements always come nicked-up. I finely gave up when I got engaged and decided that I would be selling my place soon anyways.
 
You'd do it with a $300 iPod, why not with a $500,000+ purchase?

Actually I bought my 60-gigger off ebay and I gotta say I was happy. I am the gambling type though and probably wouldn't recommend it to everyone. I agree with you. Gambling on a home is stupid. But most home buyers aren't aware of how stacked the odds against them are. That's the problem because the game is rigged in the developer's favour.

Really investor, when it comes to a home purchase your whole attitude would be irrelevant if there were actually some teeth in the buyer protection laws. If the builders actually had to provide what they sell... wow, wouldn't that be some utopia? Renderings, agreements, floor plans and televangelist-type salesmen being held to their word? Could something like that ever be acheived?
 
$300,000 buys you a hand-crafted Bentley or Rolls Royce, but the same money buys you a Chevy Condo! Nuts! Which is why I'd rather live in a trailer....(or a Bentley;)

But here are some ideas and random thoughts from my "immature childish" brain:
1. Gen X kids really are absurdly picky. I think the boomer developer generation missed this important point and surely will cost them in the future.
2. Construction workers hate middle class young kids buying condos; they resent their picky attitudes when they've ruined their backs for your condo trend!
3. Why would you furnish your unit when dirty proletarian constuction workers have to enter your condo to fix flaws? That is extremely naive and foolish. Live on a futon during the duration of the registration phase. Remember, the building is still kinda "under construction" so why would windows be washed? Electric garage openers are noisy--just like your Mini Cooper is a noisy fashion toy; only fools would buy a condo next to potential noise issues imho..... But this is city living not cul de sac Burlingtonville!
4. Construction workers are under tremendous pressure--so many job sites, so few quality labourers. Flaws are to be expected unless we want another million alien "immigrants" invading from Mexico....
5. Developers are greedy pricks. Don't feed them. Buy a cheap home in Hamilton instead:)
6. Are you on facebook? Start a facebook group for your condo and complaints. PM me then we'll poke about on facebook staring at each others' cabinets, baseboards, hydro sockets, bathroom tiles... and belly buttons....
7. Why did you buy a pre-construction condo?
8. Always do your DD.
9. Launch a "I hate condos" website.
10. For all your problems, there's always....
 
Out of nosy curiosity urbandreamer, have you actually bought something in Hamilton? You've been talking about it for some time now. :D

For pickleberry, best wishes. You will have to put up with some things for a while, given that you are living in somewhat of a construction zone (don't expect windows to be washed when they may just get dirty again within a few days). Regarding the more serious issues, band together with some other owners in approaching the head office of the management company (not the on-site guy). It might help to remind said management company that there is an open question of whether they will be retained by the new condo corporation to continue managing, following turnover from the developer. Remember that the new board, following registration, doesn't have to retain them. Part of the reason for the "don't care" attitude may be that they don't expect to be around for much longer in any case.

And tune out irrelevant comments regarding "specuvestors" etc., which don't assist you in any way.
 
At a certain point you just have to forget about some of the minor deficiencies that are purely cosmetic. I've had cabinet doors replaced multiple times and the replacements always come nicked-up. I finely gave up when I got engaged and decided that I would be selling my place soon anyways.

I respectfully disagree. You keep saying "no" until each and every deficiency has been addressed to your satisfaction. Continue to document the process with dates and keep Tarion up to speed. In some cases a developer may finally attempt to negotiate a cash settlement for you to sign off. If that were to happen, then it's your call.
 
Hi

Wow - a real variery of responses here...

Firstly, I don't want to name the developer because of the comments I have made. However, I am reasonably confident that this is their first and maybe last project and this is perhaps the reason why there are so many issues.

I know that there are problems to be expected, and I understand this. But it really is the most frustrating thing where the development company are robbing themselves by paying a poor construction worker a slighly lower wage to have to go over the same problem two or three times, instead of paying a better worker a couple of bucks more an hour and get it right to be begin with. All I want to do is know how we can circumvent their resident
cretin and wake them up to this! Their inexperience is really showing...

Why is there so much bitterness particularly regarding buying pre-construction? As it happens this place was a fall-through from someone who did order pre-con, I got it about 8 weeks before it was completed, so I didn't go through all the crazy deposit schedules.

Urbandreamer - wow, quite the spilling of opinion there. How dare I even think about wanting to buy a pre-con condo? You're really making some assumptions here...

Why would I not want to be picky? Is it ok to have gaping holes in the walls to allow mice in? Unlike what you may want to think, i've worked hard and saved every penny for this place myself and actually want to live here. My motivation is to have somewhere I can call my own where I can decorate and invest without being at the mercy of a landlord who can evict me whenever they want to sell up.

Of course, I hate the unwashed construction masses, I look down upon them when flying past in my Mini Cooper - that is exactly why I don't want them in here. Nothing to do with the fact I have to spend hours rearranging my cabinets, moving furniture around, taking things off the shelves, ensuring my pet is secure - just for them to perform a 5 minute fix. Before coming back in 3-4 weeks and doing the same again...

Why I did I buy pre-con? Well, unlike the spoilt brat brigade I feel you think I am a part of, I saved a very modest deposit and had a strict budget. I had my heart set on a townhouse, the exact replica of which went for $232k the previous month. You'd think my no-strings offer of $250 would have been pretty decent, but in the ensuing bidding war it went for $285. This happened twice to me, and when this place came up it seemed like the answer to my problems - again, I arrived at this place when it had already been built and was on MLS - don't think because it is new i'm some snotty kid with deep-pocketed parents to dispense the 30% upfront and a permanent reason to be pissed off.

Sorry to burst your bubble, but your rant is a little misplaced here - although I agree with Investor that your opinion does count and is appreciated.

Thanks to all who have replied, you have given me some hope and Walt - couldn't agree more about the management company comments - I have a feeling as soon as the place is registered there will be massive changes.

Take care

-M
 
I respectfully disagree. You keep saying "no" until each and every deficiency has been addressed to your satisfaction. Continue to document the process with dates and keep Tarion up to speed. In some cases a developer may finally attempt to negotiate a cash settlement for you to sign off. If that were to happen, then it's your call.

I agree with this approach. Giving up merely allows the same thing to happen at the next development. Purchasers should use Tarion to pursue satisfaction to deficiencies. That's what it is there for.
 
But here are some ideas and random thoughts from my "immature childish" brain:
1. Gen X kids really are absurdly picky. I think the boomer developer generation missed this important point and surely will cost them in the future.
2. Construction workers hate middle class young kids buying condos; they resent their picky attitudes when they've ruined their backs for your condo trend!
3. Why would you furnish your unit when dirty proletarian constuction workers have to enter your condo to fix flaws? That is extremely naive and foolish. Live on a futon during the duration of the registration phase. Remember, the building is still kinda "under construction" so why would windows be washed? Electric garage openers are noisy--just like your Mini Cooper is a noisy fashion toy; only fools would buy a condo next to potential noise issues imho..... But this is city living not cul de sac Burlingtonville!
4. Construction workers are under tremendous pressure--so many job sites, so few quality labourers. Flaws are to be expected unless we want another million alien "immigrants" invading from Mexico....
5. Developers are greedy pricks. Don't feed them. Buy a cheap home in Hamilton instead:)
6. Are you on facebook? Start a facebook group for your condo and complaints. PM me then we'll poke about on facebook staring at each others' cabinets, baseboards, hydro sockets, bathroom tiles... and belly buttons....
7. Why did you buy a pre-construction condo?
8. Always do your DD.
9. Launch a "I hate condos" website.
10. For all your problems, there's always....


Immature and childish - definitely. The sad part is that the supposed "mature" portion could not keep such swill under control.
 
Ah shucks.... Oh well I have strong unpopular opinions and I'll stick with them;) But, a rant is a rant; essentially I'm just surprised at how many people don't do extensive research via google--many people I know don't know how to use google (or are too lazy.) However, condo developers wouldn't survive in a market dominated by people such as myself--so keep buying pre-con folks!

Pickleberry, sorry if I offended you--I hope you enjoy your new box in the sky (if it is highrise.) I understand your pain but was just trying to provide a contrarian pov (having done back-breaking construction jobs before, and being a working class stiff myself, I sometimes hate these middleclass 20-somethings. Even as a daytrader, people sneer at my credentials--don't understand me. I've always been misunderstood, annoying, opinionated, childish, a daydreamer..... And also very funny--did anyone "get" the humour in my rant? Cool. I'm manic-depressive--i guess i wrote the list on one of my down days:(

However, I did provide some constructive ideas: facebook group to network with fellow purchasers, etc! And I am always curious--why do people need condos? Is it to keep up with the Jones' syndrome? And let's face it, developers are greedy: they take a tiny mass produced box and more often than not make a hack job of it while profiting off some poor worker's cash.

Finally, is the building in question attractive from an aesthetic pov? In boring Toronto, that means it would have to be an Aa building. Because I have high standards and don't tolerate people supporting bad "artists."

Positive from henceforth,
U_d

Observer Walt: Have I bought anything in Hamilton yet? No...cuz I can't make up my mind--do I buy in Montreal or Hamilton? I had my eye on this little barbershop in the Hammer that was going for about $60,000. I'm a creative sort and fancy having a space where I can live, work and sell my ideas/art/furniture/etc and trade. Something humble and simple. I missed a great little bungalow (one of those Victorian worker's cottages you see in the Annex/Cabbagetown for $450,000) in 2006 that went for $70,000--gorgeous and I regret not buying it then. Indecisive talker is my huge problem:(

Finally, to explain my weird sense of living ideals: I think I need about 150sqft. My dream home is a small trailer so I can move whenever I please--anything permanent and "responsible" and "team work style" like a condo scares the heck outta me. I read Harrowsmith as a child (I miss that mag--best ever Canuck magazine!) and now enjoy http://www.treehugger.com/design_architecture/ ===interesting small home ideas.
 
Ah shucks.... Oh well I have strong unpopular opinions and I'll stick with them;)

The opinion isn't the issue. It's the unpleasant way you express them. For example:

However, condo developers wouldn't survive in a market dominated by people such as myself--so keep buying pre-con folks!
...
Pickleberry, sorry if I offended you--I hope you enjoy your new box in the sky (if it is highrise.)
...
And I am always curious--why do people need condos? Is it to keep up with the Jones' syndrome?
...
In boring Toronto

I'm not sure you could've been any more condescending.
 
I'm trying to get us all together and unite to solve the problem - but who should we approach and what legislation is there to help us?
If anyone has any advice or can provide links to resources that would be great!

Thanks for reading

-M

Seeing as there are already a bunch of residents in the building, it should be relatively straightforward to gather a group and split the cost of consulting a good lawyer rather than a bunch of random people here :)
 

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