What a gift that just keeps on giving!
Thanks to this builder and especially its COO and now its “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”), a third party property management company that has apparently been “drawn into the spider’s web” constantly and consistently woven by this band of marauders.
I’ve documented the misrepresentations and outright lies set out on this builder’s web site with a supporting Affidavit (sworn testimony) of another owner that has sued both the builder’s company and its Directors.
I’ve documented the lies and misleading content both textural and visual to support their intentionally misleading and misrepresented plan to use false information, promises and representations to lead them to their “crescendo” which is their “Bait and Switch” . . . . . . . “promising luxury homes” but delivering “laminate countertops while refusing to answer reasonable questions specifically about this for years, above mount sinks, ceramic tiles, etc.”.
I’ve shown my global readers that their promotional material is simply a con!
They are so unskilled in the builder’s trade, having misrepresented to the public in both their web site and promotional material having decades of experience in building that the chaos underpinning this collection of homes is simply downright insulting.
Our society has got to get to some Standard where the consumer, the only party putting up any money here in Condoland, actually gets to at least play on an even playing field.
Condoland continues to prove it is a systematic rip off of consumers, in a country where our politicians swear a pledge to protect their constituents, consumers are systematically exploited.
When you realize that all this goes on under the guise of consumer protection under law (as in the Condominium Act, Tarion Warranty, Building Code, etc.) it truly becomes inexcusable.
The consumers collectively vote in people who get their jobs through being highly “educated” yet all these highly educated people in the Federal Government that sustains itself of income tax revenues (so I can understand them being reliant on the employment that results and profits from speculators), and I understand that the Provincial Government needs to continually boast about “how well the economy is doing” and that without those construction jobs (despite them being the biggest Underground Economy Employer in the Province) that smoke dissipates, or that Municipal Governments reportedly enjoy about $10 Million per high rise condo tower in Permit fees alone, not to mention increased property tax base, etc.
Taking all of this into account I’m confident that we can agree that the playing field is rigged against you in Condoland.
And in today’s high priced market where you can’t offset the carrying costs (according to a client of mine last week who is now selling those he invested in against my advise – yes it happens!) the upside risk equation is just too far out of whack form me personally or to professionally endorse the concept of investing in Condoland (I’m officially on hold and seeking more sound investment opportunities throughout Ontario).
So, (back onto topic of today’s blog) I also blogged about how this builder intentionally withheld critical documents that, under law they were required under law, to attach to and form a part of each buyer’s agreement of purchase and sale with Sunrise Homes.
These documents, called the “Subdivision Agreement” and drawn up by the Municipal Government of the Town of Oakville and entered into by them and the original developer of the land, the Developer clearly stipulated that a number of specific things would be done like a fence would be installed around the outside of the property and that Postal Service would be available PRIOR to Occupancy.
The obvious reason that these documents were withheld (unlawfully I must add) was that this builder intended to disregard the provisions that protected the buyer, which is exactly what they did, insisting on Occupancy/Closing (also did not disclose to buyers that the condo component of the POTL was registered PRIOR to them purchasing, as in my personal case, again potentially contrary to the law) .
I’ve blogged about how totally unskillful this builder has proven itself to be and shown that these claims are fully supported by the Affidavit of another buyer that has already sued them.
This Builder under the site supervision of what Sunrise represents as a “world class” sub-contractor (“Risk Wells” – who’s constant and repeated lies proved a kind of distorted entertainment to my wife and I, knowing all the while that his jovial, “you can trust and count of me pitch” was just a pathology or constant spewing of lies). Mr. Wells, with all due respect, actually has proven highly untrustworthy and, more astonishingly, “fundamentally unskilled” (we had to make him paint our house four times as they painted first time and then calked! – even amateurs like me know better!), And at that, they had to be hard line driven (by me!) to at least deliver a “minimum standard” of quality of workmanship.
This buiilder proved that they (along with Mr. Wells) don’t have a clue as to what they are doing, either in building or in business in general.
On two occasion that I know of, they felt they could change the entire design of a buyer’s home without disclosing the fact to the buyer that they were making these significant changes (one home was mine and the other ended up in court).
Their painter was a disaster that ultimately compromised/damaged our upgraded staircase for which we paid them over $17,000!
I forced them to re-stain the stairs three times and fix all their over-spash (each time) onto the white risers and still today, the stairs are a bad joke!
This builder did have one good sub-contractor before (Mr. Wells stumbled onto the scene), a mister Jason Smith who actually was talented and conscientious and who satisfied my concerns about the actual quality of workmanship ship. Any idiot can be a builder (they just hire guys hopefully like Jason) but he walked-off the site . . . . quit!) for reasons that he explained to me and which I fully understand.
With my house being the last one this builder was building and thereby Jason having overseen the real work, I was confident that the community itself would be solid.
So, now we finally (a year and a half late on my house with only a lie about “union strike affecting delivery” when they weren’t even using union labour was yet just another clean example about how indifferent builder’s really are about being exposed for their egregious conduct and ways of exploiting consumers.
So we had our Turn Over Meeting on March 7th, over 3 weeks ago and we struggled to get our hands on the documents of the condo corporation and have discovered that this builder and their named property manager (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“)have used our condo corporation as a virtual personal piggybank, extracting in excess of $25,000 in our condo corporations money from our condo corporation’s bank account that this third party property management company (this is how it is done folks!) had/has “FULL CONTROL OF“!
Just weeks before the Turn Over Meeting, Sunrise Homes and this property management company, 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”), “BACKDATED” a contract alleging that they entered into it in December the year before (to unethically shift the cash back to the previous year’s budget).
I say that this was highly “unethical“, a total “failure of the then board of directors (which was controlled by the COO) and UNLAWFUL . . . . does anyone else see “CONFLICT OF INTEREST’ and/or “THEFT” all over this?
As President of the newly formed Board of Directors, I am pursuing the potential for Criminal Charges naming the builder and all Directors and especially the COO, who sat on the original Board of Directors, as well as their “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”).
The records have been withheld from our newly formed board of directors until Friday (this weekend) after three weeks of frustration trying to get co-operation and clarity.
We finally had their “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”) representative attend our board meeting on Friday (which was audio recorded) and for the first time, following repeated attempts, gained a glimpse into the company that we owners are expected to inherit under the tight fisted-control of this company.
I’ve said many times here at simply charles.com that I was in fact born at night . . . . but that everyone should clearly understand . . . . “IT WASN’T LAST NIGHT“!
I’m known for calling a spade a spade and have probably been threatened with more law suits for Slander than you can imagine! I just today got one of these frivolous threats from this company’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”).
We’ll see what level of integrity this law firm actually has as I intend to ask them to identify with specificity anything and everything that appears in my blog that they allege to be defamatory. Like the cockroaches that they represent they will run for the shadows.
So, here I go again . . . . “This is a very clear and obvious theft of our Condo Corporation’s money“.
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”) claims that “it entered into a contract with the builder in December of 2014“.
The follow this claim up with that statement that “the worked for a few weeks and got things put into place like bank accounts, but then all communication with the builder ceased, all work ceased on the condo corporation’s behalf for over eighteen months“.
When I asked their representative “was the “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”) paid anything at that time“.
Their representative responded “no, we received no payment“.
Possibly their representative, and/or 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”) and/or the builder or any of their directors, are all unaware of the fundamental Elements required to form a Contract.
The key Element being “Consideration“.
Their rep’s recorded statement that “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”) received no compensation until 2017” clearly shows that the attempt at a contract in 2014 resulted in a “Void Contract“.
No other contract was entered into between that Void Contract and the “Back-dated” Contract entered into just weeks before our Condo Corporation’s Turn Over Meeting.
There is the appearance (to me and I’m not an accountant) that the builder has chosen to pay out of our Condo Corporation the entire 2015 and 2016 Budget Allocation for Property Management Services (in excess of an aggregate of $33,000) to 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”), a company that “on the record” has admitted to “not being in any contract” and “not having delivered any services or had any communication whatsoever“!
This, in my opinion constitutes a Criminal Offence of Theft, and another of Fraud, not to mention failure of a director of a corporation in the execution of their duties resulting in malfeasance!
My uneducated familiarity with law suggests to me that there is a whole lot more here as well.
I fully intend to pursue criminal and civil options here, both for the satisfaction of owners who have been materially wronged, as well as for my global readers and followers, because if you own, live in, are thinking of owning or living in, renting in, investing a condo in Ontario you will want to know just what you are getting into.
The game is so unfairly rigged that, well if it wasn’t for the money we’ve all been able to make despite all the insults (we just pass the properties off to other unsuspecting consumes for a profit) we probably would wake up, but money has been and continues to be perceived as being, made and until the reality shock hits, will continue to be made.
I believe the “speculation market” is about to get dealt a set back.
If you are looking at living in it, 1989’s crash taught me that even when the market falls out from under you like it did with buyers in Minto Plaza on Elm St., in the long run you always make money at real estate.
It’s just tragic to me that the small person has to get so trounced on in the process.
A little respect, a little integrity, a little honest, a little consumer protection, a little quality . . . . . . well, that would go a long way.
That’s it for today as I’ve got to deal with all the legal stuff now that our owners must fact or end up getting ripped off for.
We’ve called for all Owners to get involved as it is what will be required to get to the bottom of this forensic audit of a condo corporation that has not kept any meaningful accounting records, the only received money obligated under law to be deposited monthly for 2 years 24 months later (days before the turn over meeting) and now it is discovered that they “Plundered our Condo Corporation of tens of thousand of dollars!
I will keep you all informed.
Stay tune, and by all means feel free to comment!
I’m Charles
 This Case Study Has Taken On Even More Significance With Potential “Criminal” Implications){kind=link}