The condo act, board powers, registration, etc..

[DSC]

I have similar incidents too.. I cannot believe so many people belongs to the "management group" thought they are "king" and control everyone's life... also lack of legal knowledge as well, very disturbing.

Since ILuvTO has (rather bizarrely) been editing out the questions he/she asks it is hard to understand your response but if you mean that the Property Manager thinks they 'control everyone's life" this is clearly not how things should be. The Board is in charge and they may well have instructed the PM to enforce the Condo Rules etc. Under the Condo Act, the Board is obligated to enforce the Rules, By-Laws etc so if you have a problem it MAY be with the Rule not the enforcer. In any case, you have every right to discuss your concerns with your Board, if they refuse to meet you or reply to you they are not good Directors. PMs are (or should be) a great resource on the law and on how best to deal with problems of living in a community but at the end of the day they report to the Board and should follow their directions.

 

[Maxine]

Energy Audits in Toronto - Recommended Suppliers

Hi everyone,

Our condo would like to do a comprehensive energy audit (water, electricity and gas). Can anyone recommend a local company who specializes in this here in Toronto?

Much appreciated, Maxine

 

[DSC]

Energy Audits in Toronto - Recommended Suppliers

Hi everyone,

Our condo would like to do a comprehensive energy audit (water, electricity and gas). Can anyone recommend a local company who specializes in this here in Toronto?

Much appreciated, Maxine

Hydro will do an electricity audit. Be careful who you choose, many 'auditors' are more in the business of selling upgrades!

 

[Maxine]

Hydro will do an electricity audit. Be careful who you choose, many 'auditors' are more in the business of selling upgrades!

Yes, I figured as much. That's why I was hoping someone could give me the name of a reputable provider here in Toronto. Anyone?

 

[PinkLucy]

We did ours a few years back; I don't recall the name!

 

[SunshineToronto]

Since ILuvTO has (rather bizarrely) been editing out the questions he/she asks it is hard to understand your response but if you mean that the Property Manager thinks they 'control everyone's life" this is clearly not how things should be. The Board is in charge and they may well have instructed the PM to enforce the Condo Rules etc. Under the Condo Act, the Board is obligated to enforce the Rules, By-Laws etc so if you have a problem it MAY be with the Rule not the enforcer. In any case, you have every right to discuss your concerns with your Board, if they refuse to meet you or reply to you they are not good Directors. PMs are (or should be) a great resource on the law and on how best to deal with problems of living in a community but at the end of the day they report to the Board and should follow their directions.

Really appreciate DSC and others for the comment, like the fact that people can share different opinion. With respect, this is the first time I am losing respect with the PM and the board. I reached out wish to have a chat, they all refused, I reached out to the management office, they refused to help. Now the corporation utilized the lawyer and ask me to pay their legal fee. The fee in question is less than $500, the board willing to pay over thousand dollars to hire a lawyer to go after me, but not willing to meet with me to listen to my argument? I really do not understand all these logic? I don't know what to do now... I try not to involve legal as it will just add cost. But why the board do not follow the bylaw to go through mediation with me, and go to lawyers right away? Because they have tones of funds from the building to do all these? Not sure what to do now.... will someone kind enough to advise?

 

[Ex-Montreal Girl]

It is hard to comment on your situation without details. As a Board member myself, I can definitely say that there are always two sides of the story and the Board must follow the Act. If it is following the Act, Declaration etc. then there is not much you can do. If it isn't, well there is recourse. Some lawyers handle these cases on contingency.

 

[DSC]

It is hard to comment on your situation without details. As a Board member myself, I can definitely say that there are always two sides of the story and the Board must follow the Act. If it is following the Act, Declaration etc. then there is not much you can do. If it isn't, well there is recourse. Some lawyers handle these cases on contingency.

Well said and if the PM company/Board have gone to a lawyer it is probably something to do with $$ owed and thus a lien. The Act lays down certain dates and procedures for $$ owed and states the dates that must be respected. If I were involved, I would pay the $$ claimed 'under protest' and at same time say I disputed the sum (or part of it) and demand a meeting with the Board and/or mediation under s 132 of the Act.

 

[Ex-Montreal Girl]

As president of our Board, I can assure you that you would not believe the $h!t we put up with -- and how it ends up costing everybody money.

 

[SunshineToronto]

Well said and if the PM company/Board have gone to a lawyer it is probably something to do with $$ owed and thus a lien. The Act lays down certain dates and procedures for $$ owed and states the dates that must be respected. If I were involved, I would pay the $$ claimed 'under protest' and at same time say I disputed the sum (or part of it) and demand a meeting with the Board and/or mediation under s 132 of the Act.[/QUOTE

Thank you all for the insight. I've seen crazy issues that should have been handled, but not. I am definitely not a bully, I have expressed my concerns and reasons, but they refused to look at it because I "challenge" the process. My opinion the Act was not followed, and also they did not provide mediation opportunity as per bylaw. ... (Thx DSC for your suggestion, it's very logical)

 

[PinkLucy]

As president of our Board, I can assure you that you would not believe the $h!t we put up with -- and how it ends up costing everybody money.

We are currently working with our lawyer regarding a resident whose activities have generated repeated 4 am noise complaints. Never fun. And I'm sure the resident will say we are being unfair, but all we are doing is enforcing the rules. And yes, if it goes to a settlement, we will expect that resident to cover the legal fees.

We have had a couple of issues that have gone to settlement and in all cases, it has ended up costing the resident money because they have been ordered to pay the legal fees. We don't make up arbitrary rules for each owner, we enforce them equally for all.

 

[SunshineToronto]

We are currently working with our lawyer regarding a resident whose activities have generated repeated 4 am noise complaints. Never fun. And I'm sure the resident will say we are being unfair, but all we are doing is enforcing the rules. And yes, if it goes to a settlement, we will expect that resident to cover the legal fees.

We have had a couple of issues that have gone to settlement and in all cases, it has ended up costing the resident money because they have been ordered to pay the legal fees. We don't make up arbitrary rules for each owner, we enforce them equally for all.

Agreed. That's crazy, how can 4am noise issue "unfair"? They need to respect others who need to wake up early. In this case, it's 100% confirmed noise is coming from them.. no excuse. My case is not that black and white. You are doing a great job, can't stand those who do not respect others.

 

[SunshineToronto]

Agreed. That's crazy, how can 4am noise issue "unfair"? They need to respect others who need to wake up early. In this case, it's 100% confirmed noise is coming from them.. no excuse. My case is not that black and white. You are doing a great job, can't stand those who do not respect others.

Adding on this.. we have similar issues in our building. The office hired some noise engineer to locate the noise, ends up the unit who created the noise somehow solved the issue, but they never required to pay all the 'inspection' fee.

 

[SunshineToronto]

Curious anyone joined " Condo Owner Association (COA)", it seems to provide a lot of opportunity for discussions... thx.

 

[PinkLucy]

Adding on this.. we have similar issues in our building. The office hired some noise engineer to locate the noise, ends up the unit who created the noise somehow solved the issue, but they never required to pay all the 'inspection' fee.

Oh yes, it's not mechanical noise, it's people noise!

Curious anyone joined " Condo Owner Association (COA)", it seems to provide a lot of opportunity for discussions... thx.

I joined it years ago. It really doesn't do anything. No meetings, no discussion. It's one person (a real estate person) who says she represents condo owners' voices but never consults. Save your money and sign up for the Condo Madness newsletter.