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Tag Archives: deficiencies

Being Aware of Condo Life’s Demands

by Denise Lash

Karen and John have just bought their first condominium townhome. When they began searching, their main concern was with the location and the look of the home. They hadn’t really considered the legal issues and obligations surrounding their purchase.

It was only after signing the Agreement of Purchase and Sale that Karen and John started thinking about what they had bought. They were surprised to find that condos differ greatly from freehold townhomes.

Here are just a few of those differences:

• The purchase involves two stages of closing. First is the occupancy closing (or possession date), when the municipality approves occupancy. Not everything in the building may be completed at this point, and Karen and John may have to move in regardless of any deficiencies or unfinished items. The second (or final) closing occurs after the registration of the description and the creation of the condo corporation.

• During the occupancy period (prior to the final closing), Karen and John must pay an occupancy fee—similar to rent.

• Upon final closing, Karen and John must pay monthly condo fees. These expenses are based on an annual budget and are subject to change with no restrictions on increases. The fees are in the hands of the board of directors of the condo corporation.

• Karen and John were surprised to learn that they needed different insurance coverage than what is required for a freehold home.

• The couple is required to maintain upkeep on portions of their home, including the back and front yards. Each condo corporation contains different maintenance and repair obligations.

• The townhome documentation places restrictions on altering or adding anything to the exterior of the building. Karen and John won’t be able to change a mailbox or exterior light fixture, re-landscape, or install a screen door without getting prior approval. There are also prohibitions on erecting fences, pools, hot tubs, decks, and satellite dishes.

• The documentation outlines rules on the use of the home, including what kinds of pets are allowed and prohibitions on skate boarding, hockey playing, rollerblading, and basketball playing on the driveway.

• The couple had no idea that, as owners, they would be involved with annual general meetings, voting and elections, budgets, financial statements, and other corporate matters.

Karen and John wish they had known these things before purchasing. It would have made a difference. At least now they’re prepared for their new life as condo owners, and this preparation will assist them with a smoother transition into the condo lifestyle.

Denise Lash is a condo lawyer with Miller Thomson LLP and the host of the television program MondoCondo. Visit www.torontocondoshow.com.

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Contact the Jeffrey Team for more information


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  • The next-door neighbour from hell

    Who lives beside you never meant more than in this age of pricey realty and home obsession

    Anne Kingston – Macleans

    Bad-neighbour sto­ries typ­i­cally involve noise, park­ing, property-line dis­putes, unkempt yards, sofas on the front porch. But res­i­dents of an afflu­ent north Toronto enclave, tell the tale of a more recent neighbour-from-hell vari­a­tion: the admin­is­tra­tive ter­ror­ist. The con­flict began in 2008 between a promi­nent busi­ness­man and the owner of the con­struc­tion com­pany that built his house—a $400,000-plus project—who also lives in the area.

    The busi­ness­man accused the builder of sub­sti­tut­ing infe­rior mate­ri­als and not fol­low­ing plans or hon­our­ing his war­ranties. “He was a shoddy builder,” he alleges. One frus­tra­tion, he says, was that the exte­rior win­dow sur­round was built with six-inch stones, not 10-inch stones. Another was the builder had been slow to fix an out­door tap that topped up the swim­ming pool.

    The builder tells a dif­fer­ent story: “[The client] spent more than he intended; he asked for things that weren’t part of the con­tract, and he man­u­fac­tured defi­cien­cies.” The mat­ter went to court, result­ing in suits and coun­ter­suits; issues remain before the courts, which is why none of the par­ties agreed to be named.

    A few months into the fight, wit­nesses report, the busi­ness­man turned into a neigh­bour­hood building-code vig­i­lante, call­ing in inspec­tors to check other houses the builder had con­structed in the area, even report­ing hedges that were mere inches higher than code allowed.

    He would get up at 6 a.m. every morn­ing to move his car three houses to block access to a build­ing site,” the builder claims. The busi­ness­man coun­ters that the builder blocked his car and spewed obscen­i­ties one morn­ing when he was dri­ving his chil­dren to school.

    When the busi­ness­man saw the builder’s name asso­ci­ated with the annual fair for the local school, which his chil­dren attended, he threat­ened to pull his own spon­sor­ship. “He told the prin­ci­pal, ‘I’ll bury you in pol­icy,’ ” says a neighbour.

    The busi­ness­man says he reviewed the school bylaws and noticed the school was in fla­grant vio­la­tion of many of them. One casu­alty was a lot­tery for the day­care cen­tre, which was shut down for lack of a proper licence. “They lost 40% of their fund­ing,” says his neigh­bour. He even tried to ban cot­ton candy at the fair because it didn’t com­ply with the school’s healthy-eating policy.

    The nit­pick­ing was unbe­liev­able,” says one res­i­dent. “He could have cured can­cer with the time he put into cre­at­ing prob­lems in the com­mu­nity.” The businessman’s vig­i­lance “cre­ated total para­noia,” says a neigh­bour, so much so res­i­dents were afraid he’d report their annual Canada Day fire­works dis­play, which didn’t have a licence.

    And so when he ran for school PTA, neigh­bours ral­lied to pro­vide babysit­ting ser­vice and car­pool­ing so peo­ple could get out to vote to block his bid. “We’d joke about putting a sign on his lawn that said ‘For sale by neigh­bours,’ ” says another neigh­bour. The builder doubts his foe will ever move: “He’ll be with me for life, like a cancer.”

    Like most sto­ries involv­ing neigh­bour­hood dis­putes, the con­flict lacked the extreme or crim­i­nal angle required to make head­lines. Nor was it posted on the grow­ing spate of blogs like The Stu­pid Neigh­bour that allow peo­ple to vent about the “idiot” liv­ing next door. But it’s a mod­ern urban para­ble reveal­ing a chang­ing neigh­bour­hood dynamic in an age where “com­mu­nity” exists online and “social net­work” is a vir­tual construct.

    With the advent of two-income fam­i­lies, the work­place has replaced neigh­bour­hood as the hub of social inter­ac­tion. TV is a lag­ging indi­ca­tor of the trend, as Three’s Com­pany and Sein­feld have been replaced by The Office and House. When neigh­bour­hood does serve as a set­ting, it’s a seething pit of dys­func­tion, à la Des­per­ate House­wives and Jer­sey Shore.

    Dis­ci­ples of the great neigh­bour­hood activists Jane Jacobs and Robert Putnam—people who talk of the “social cap­i­tal” cre­ated by strong neighbourhoods—are alarmed by what they see as a weak­en­ing of com­mu­nity ties. “For many peo­ple, neigh­bour­hoods are just the place they sleep,” says Mark Cajab, an exec­u­tive direc­tor at Tama­rack, a Water­loo, Ont.-based insti­tute that pro­motes com­mu­nity engagement.

    We’re a cul­ture dis­pro­por­tion­ately invested in the lives of strangers, Cajab points out: “We’ll grieve for Princess Diana but not know our neigh­bour has ter­mi­nal can­cer.” And that’s a big prob­lem, he says. “We know from research that the less or weaker the social cap­i­tal, the lower the qual­ity of life in terms of safety, health, everything.”

    A 2009 study by British hous­ing provider Cir­cle Anglia sug­gests dis­en­gage­ment from neigh­bours is des­tined to rise: almost all (96%) of peo­ple over age 65 knew their neighbour’s names; only 66% of peo­ple under 25 did. It’s a prob­lem here, too, accord­ing to a 2005 StatsCan study that revealed that between 61% of rural res­i­dents knew all of their neigh­bours, but only 16% of those liv­ing in major urban cen­tres did. (Que­be­cers were least likely to know their neigh­bours and Mon­treal­ers the least likely to trust them.)

    The sit­u­a­tion is at such a cri­sis point that police in Peel, Ont., launched a “Know Your Neigh­bour” pro­gram to encour­age res­i­dents to gather names and con­tact infor­ma­tion of at least five neigh­bours in an attempt to strengthen neigh­bour­hood surveillance.

    It’s a plight high­lighted by the CBC show All For One, in which designer Deb­bie Travis criss-crosses the coun­try bring­ing com­mu­ni­ties together by ren­o­vat­ing the house of a deserv­ing local—the modern-day ver­sion of a barn raising.

    There’s decided irony in the fact neigh­bour­hood fab­ric is fray­ing in an HGTV-obsessed soci­ety. The fact that one’s house is one’s biggest finan­cial invest­ment and great­est source of hap­pi­ness and self-expression, requir­ing noise-producing, neighbour-alienating remod­el­ling, is a recipe for conflict.

    Pay­ing more than half a mil­lion dol­lars for the priv­i­lege of liv­ing cheek-to-jowl, ten­e­ment style, can cre­ate a near-absurd focus on ter­ri­to­r­ial bound­aries. “You wouldn’t believe the sorts of calls we get, says Todd Hall, a detec­tive on the Toronto Police Ser­vice. “Peo­ple com­plain about a neigh­bour water­ing his lawn who got their lawn wet or who shov­elled snow on their prop­erty or a tree limb that’s over the prop­erty line.”

    Often, such com­plaints reflect other griev­ances, says the busi­ness­man in North York, who found him­self sued by his two imme­di­ate neigh­bours for prop­erty encroach­ments, bat­tles he won. “I know [the builder] put them up to it,” he says.

    The grow­ing num­ber of peo­ple liv­ing alone and migrat­ing to con­dos also inevitably yields con­flict, even at the swanki­est addresses. In 2009, Madonna’s neigh­bour Karen George sued the man­ager of their New York apart­ment build­ing for fail­ing to stop the singer from using her apart­ment as a rehearsal stu­dio; “noise and vibra­tion poured through the walls,” George alleged.

    Height­ened mod­ern sen­si­tiv­i­ties only mag­nify the prob­lem, as revealed in a recent social eti­quette col­umn in the New York Times: the writer was upset because her neigh­bour on the other side of a shared wall—whom she’d never met—used per­fumed air fresh­ener; she had a “severe fra­grance allergy” and didn’t know what to do.

    The para­dox of sin­gu­lar condo life is that it requires greater social­iza­tion and community-building skills, says Misha Feld­mann, a Toronto crim­i­nal lawyer who used to prac­tise real estate law, where he rou­tinely wit­nessed “bizarre, egre­gious, anti-social behav­iour” and res­i­dents gang­ing up in high-school-style cliques.

    In one instance, res­i­dents tar­geted some­one whose dog was three pounds over the weight limit. Another case involved a res­i­dent who ran a “very, very smelly” tofu-making oper­a­tion in his unit that vio­lated a nox­ious fuels law. “It’s hugely expen­sive for every­body,” says Feld­mann. “Even res­i­dents who are unin­volved shoul­der the costs.”

    But where laws exist to warn prospec­tive buy­ers of the pres­ence of urea formalde­hyde foam insu­la­tion, there’s no oblig­a­tion to tell them about toxic neigh­bours. A cou­ple who lived in an east end Toronto duplex, rent­ing out the sec­ond floor, tell the story of a new neigh­bour who moved in and started a ren­o­va­tion project that began every night after midnight.

    One night, he wil­fully took a sledge­ham­mer through an upstairs wall, stand­ing face to face with their pet­ri­fied ten­ant. Police were called; they sued for dam­ages, and won, but real­ized they had to sell. They felt some guilt about not inform­ing the next owner about what they were get­ting into, says the hus­band. “But we made $250,000, so that helped soften it.”

    Slowly, how­ever, the spec­tre of bad neigh­bours is influ­enc­ing pol­icy. In the U.K., there’s an attempt to table a law that will make it eas­ier to evict peo­ple con­victed of anti-social behav­iour. “For too long, too many ten­ants have lived in fear of neigh­bours from hell,” British Hous­ing Min­is­ter Grant Shapps said.

    Neigh­bour­hood” has also become a fash­ion­able mantra in munic­i­pal and provin­cial gov­ern­ments, to the point where mil­lions are being ear­marked to build stronger com­mu­ni­ties. Edmon­ton has launched the $50-million “Great Neigh­bour­hoods Ini­tia­tive.” Man­i­toba has “Neigh­bour­hood Alive.” Cal­gary, Lon­don, Ottawa, Toronto all have sim­i­lar pro­grams on the go.

    But as the north Toronto exam­ple proves, noth­ing unites a com­mu­nity like a com­mon enemy. “We were a tight com­mu­nity before,” says a res­i­dent. “Now we’re even tighter.” The busi­ness­man def­i­nitely felt “ostra­cized,” he says. “But there’s enough other peo­ple to hang out with; those peo­ple think they own the community.”

    The builder says he feels sorry for the chil­dren, now enrolled in pri­vate school, who’ve been left out of birth­day par­ties and sleep­overs. But the busi­ness­man says the con­flict has pro­vided a learn­ing expe­ri­ence. “They’ve seen how impor­tant it is to stand up for prin­ci­ples and not give in to a bully,” he says. As for his house, he loves liv­ing there. “It’s a great house. And now that we’ve learned so much, we would def­i­nitely build again.”

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    Con­tact the Jef­frey Team for more infor­ma­tion – 416−388−1960

    Lau­rin & Natalie Jef­frey are Toronto Real­tors with Cen­tury 21 Regal Realty.
    They did not write these arti­cles, they just repro­duce them here for peo­ple
    who are inter­ested in Toronto real estate. They do not work for any builders.

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  • Corporation may be liable for car damage caused by peeling garage roof

    Gerry Hyman – Toronto Star

    Q: Our underground garage roof is peeling and lime is damaging the finish of cars. The board refuses to have the corporation reimburse owners for the damage caused and advises owners to park at their own risk. Isn’t the corporation responsible for the damage?

    A: The Condominium Act requires a corporation to repair the common elements and subject to declaration provisions to the contrary to maintain the common elements. The condominium corporation may be held liable for damage to an owner’s property if the damage is due to a failure of the corporation to carry out required repairs or maintenance of the common elements within a reasonable time after the need for the work became apparent.

    Q: Our declaration permits the parking of private passenger cars, station wagons, motorcycles and vans. May a person park both an automobile and a motorcycle in a single parking space?

    A:
    If the declaration or a rule does not limit parking in a parking space or parking unit to “a vehicle” or “one vehicle” or specifically prohibits the parking of motorcycles, both an automobile and a motorcycle may be parked, provided they are entirely within the boundaries of the parking unit or space.

    Q: A workman sent by the developer entered my newly purchased unit without my consent and in my absence to make repairs. The property manager advised that the developer has the right to enter my unit. Is that correct?

    A: Your agreement of purchase and sale gives the developer the right to enter your unit to repair deficiencies. Your agreement might state that entry is to be at a reasonable time but usually does not require that you be given reasonable notice.

    Q: Our board received a draft reserve fund study from our engineers. After the board reviewed and made comments, we received the final study. We understand that the Condominium Act requires that we propose a funding plan for the reserve fund within 120 days of receiving the study. Does the 120 days run from the date of receipt of the draft or of the final study?

    A: The 120 day period runs from the date of receipt of the final study. Boards often request a draft study as the board is not entitled to suggest amendments once a final study is received. Within 15 days of passing a resolution approving a reserve fund study plan, the board must send owners a notice containing summaries of the plan and the study and indicating any areas in which they differ. The plan, study and the notice sent to the owners must be sent to the corporation’s auditor.

    Q: We have a rule providing that owners who are granted a second common element parking space will be charged $60 per year. The board has now sent a notice to the owners, advising that it has changed the rule to provide that persons granted a parking space after the date the rule was passed will be charged $365 per year. Can the board do that?

    A: The Condominium Act requires the passage of a bylaw in order for a corporation to lease a part of the common elements. Leasing common element parking spaces cannot be accomplished by a rule. You might determine whether there is a bylaw authorizing the rental of designated parking spaces at rentals to be determined from time to time by the board.

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    Contact the Jeffrey Team for more information  -  416-388-1960

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