Builder Publishes In “Budgets” That They Have Fulfilled Their Obligation Under The Condo Act While Hiding The Fact They They Have Actually Failed To Honour Any Of Their Obligation Under The Act!

The Condo Act is quite specific about material to be turned over at and following the “Turn Over Meeting” of a condominium.

There is a specific section of the Act (Section 44) setting out each requirement for deliver of specific items at the meeting and another (Section 45) addressing those materials to be delivered within 30 Days of the Turn Over Meeting.

So, when owners attend their turn over meeting and receive nothing, red flags should be raised.

And then after the turn over meeting and the newly formed board of directors (all “owners“) is promised that all the specified material in the Act will be delivered electronically the following day, and it doesn’t come at all, well flags should be raised again.

And then after the new board, who can’t even hold an effective meeting until they are given the requested (repeatedly) financial documents, because the property manager continually refuses to co-operate with the new board, well that escalates things to the point of termination for the property management company to say the least!

That is what has gone on with the turn over of Bronte Harbourside in Bronte Village.

The property manager (who “slinked” into a contract just days before the turn over meeting locking in a virtual “no-cut 3 year contract” undisclosed to the owners and their alleged new clients) has represented that they would send all the prescribed documents and materials the following day, simply did not follow through on their promises to the board of directors.

The material has been requested in writing repeatedly over the almost 3 weeks since and yet, we have not received the material so clearly set out in the Condo Act.

It appears that there are no penalties for such egregious and quite frankly illegal conduct by a property manager.

This is what I mean when I say that there simply is “NO PROTECTION FOR CONSUMERS” who are spending millions of dollars for that sacred piece of real estate called  . . . “their home“.

Interesting, following my having openly challenged the “Regional Manager” of the property management company at the turn over meeting, he abruptly and somewhat mysteriously was removed from our property by the company.

My feeling is that he realized that they were about to be caught, manipulating the Condo Act to the detriment of the owners, who are the new shareholders in the company that they “rigged renewable 3 year no-cut contracts to manage“.

I challenge anyone to argue that slipping this contract in just days before the turn over meeting would possibly be construed in any other manner that calling it . . . . .  “UNETHICAL“.

This builder’s “Ringer” property management company (I’ve chosen to not name them any longer here as they’ve sent one of those “ambulance chasing litigators after me to cover their tracks”) by refusing to follow through on their word and representations to the owners/shareholders.

Thanks to one very talented fellow “volunteer” board member who has shown an almost uncanny ability to surf through the scan documents (the builder’s “Ringer” property management company (I’ve chosen to not name them any longer here as they’ve sent one of those “ambulance chasing litigators after me to cover their tracks”) has refused repeated requests for the delivery of the documents set out in the Condo Act and have not received anything but a run around) we have learned that the plethora and continuum of lies and misrepresentations that have spewed out of the mouth of the COO, of a company that has proven itself totally unskilled, unethical, and unknowledgeable and quite frankly incompetent (at anything other than shafting consumers it seems) HAS FLAGRANTLY DISREGARDED HIS AND HIS COMPANY’S LEGAL OBLIGATION UNDER LAW AND THE CONDO ACT.

Thanks to this talented fellow volunteer board member we’ve been able to see that the builder (who notorious willingness to lie and deceive) is clearly documented in an affidavit sworn by another owner in our community relating to law suits that they are bringing against him, his company and his shareholders, in which a constant flow of lies and deception by him are clearly chronicled) has not fulfilled ANY of the legal requirements and reporting obligations set out under the Condo Act!

He had given me his personal and professional assurances on a number of specific occasions when I confronted him that all the related matters to managing and maintaining this common element condominium were being duly and responsibly attended to and upheld, while all the while (the scan records in our possession prove) he has been lying.

Somehow our Secretary/Treasurer has managed to extrapolate that the scan records in her possession prove that the COO, despite repeatedly promising that the Act was being adhered to, “to the letter“, was in fact lying!

He showed in Budgets (this guy has proven to be quite the document manipulator) that he was living up to the legal requirements of advancing the maintenance fees on each unit, but in fact did not put up ANY MONEY!

To me, this is yet simply another clear example of the “Fraud” that this man and his company has perpetrates on the public, with apparent impunity.

The reason that this builder’s property management company (I’ve dropped using their names as they’ve hired an “ambulance chasing cockroach” lawyer to threaten law suits to get me to shut up)  has been given us the “run-around” in my opinion (we’ll find out soon) is that the builder and its COO were negligent in their legal responsibilities and these documents and material simply do not exist.

I respect that it’s not nice and may be somehow perceived to be inappropriate to call someone “a liar“, but I am merely stating first hand observations AND quoting from a sworn affidavit within a public record relating to a major law suit (and potentially more) brought by another owner in our community.

Their COO has proven repeatedly to be comfortable lying.  To be walking away from all these lies is simply offensive to me, but obviously not to the builder or its COO.

His replacement site supervisor (“Richard or Rick Wells“) has proven “pathological” (promising everything under the sun while lying through his teeth) but quite an entertaining pastime for us as we marvelled at his willingness to lie as he rolled them out to us one after the other after the other.

Their office manager took up the corporate mantle of lying like “a duck to water“.

They even had their lawyers lie in print to us that specific work “was completed” to impose Closing when the evidence clearly shows that the work was not completed until just recently.

Condoland is a cesspool of lies and deception, at the expense of consumers who have been lulled into a false sense of confidence in the system, a system that tells them they are adequately protected when in fact there are very limited protections for them.

The important thing here in my opinion, is for consumers to be able to see that this kind of unacceptable, offensive and exploitive practices are in fact the day to day reality of Condoland.

Our new board of directors has had to cancel our first board meeting as we have not been given the “critical documents” (Audited Financial Statements” – the builder’s “Ringer” property management company (I’ve chosen to not name them any longer here as they’ve sent one of those “ambulance chasing litigators after me to cover their tracks”) has chosen to give us “Budgets” but budgets are meaningless without the Audited Financials and we already know that everybody’s been lying to us).

As it sits, we appear to have adopted a 2 year old condo corporation that fulfilled none of the requirements under the Condo Act (example:  “keep a minute book including a copy of the registration declaration“, “records maintained under Section 47 of the Act“, to mane but a couple) that has no money in its bank accounts.

The builder’s “Ringer” property management company (I’ve chosen to not name them any longer here as they’ve sent one of those “ambulance chasing litigators after me to cover their tracks”) has represented to me as President of our Board of Directors, that the COO has “paid the monthly maintenance fees of each property from the time ofRegistration” (remember this condo is simply for a road) through to October 2016.

Apparently, the builder’s “Ringer” property management company (I’ve chosen to not name them any longer here as they’ve sent one of those “ambulance chasing litigators after me to cover their tracks”) in its capacity as property manager did not ever contact or communicate with Nascent, another so-called builder at this site that bought six Lots from the builder when they proved incompetent in their efforts to sell the “underpriced” homes (good for buyers but shame on this builder for not being able to even sell such a quality location in this seller’s market).

Apparently this is yet another baseless representation as my Secretary/Treasurer reports to me that the statements in our possession show “a zero balance” up until last month while the condo corporation has been Registered for over 2 years!

Reserve Fund contributions alone should be over $8,000 and should have been maintained on an ongoing basis from Registration!

The Act is very clear, that this bulder having somehow (illogically) gotten the site “Registered” (worthy of investigation itself) hold specific obligations, to have a Performance Audit (Section 44 of the Act for example) “conducted  . . . .  no later than 10 months following the Registration of the declaration and description”!

The declaration and description was Registered on December 16, 2014!

And there was “NO Performance Audit completed“.

There are so many breaches of fiduciary and obligations under the Condo Act, and legal obligations of managing and maintaining a Registered condominium swirling around Bronte Harbourview, that there seems no satisfactory course going forward than a full government review of all maters relating to this residential community and the mishandling at all levels surrounding it, that I feel that everyone should take a collective pause, until such time as we get to the bottom of this.

This may be an extreme case, but it is highly representative of what is taking place with every condo out there!

Consumers are being exploited and no-one is standing up for them.

Stay tuned . . . . . apparently there’s a whole lot more to come.

I’m Charles

 

 

 

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