After waiting three weeks from the promised reply to my questions regarding Clause 39 of the Subdivision Agreement that stipulated that “no Occupancy could go forward without the grading, fencing, and landscaping being completed“, I wrote both Mr. Lambert and the Mayor or Oakville a polite email requesting a meeting at their earliest convenience.
These consumers that bought their “Dream Homes” in this unique collection of homes have become their biggest “Nightmare“!
The builder’s brochure represented these homes as “the ultimate in traditional craftsmanship combines with the very latest in contemporary design and finishes to create luxurious homes of exceptional quality“.
The facts show that there has never even been the intention on this builder’s part to deliver anything even close to what is represented here.
The sad reality is that one of these consumer/owners has initiated a law suit that paints an absolutely disturbing portrait showing just how the consumer is being unethically exploited by “the system“ (developers, municipal governments, etc.)
And despite this flagrant published misrepresentation a builder is allowed to go forward and sell “to-be built” homes to the “minimum building code requirements“.
And the next page of the brochure goes on to say that this developer “brings together more than 10 years of combined experience in land development, commercial development, residential infill projects and subdivision“.
This also cannot be validated by the builder.
When you check their web site it is equally as misrepresentative of the company and its directors and/or its history and again, their are no “developer police” to write out summons to appear in court!
A closing line of the brochure warrants attention: “Featuring dramatic ceiling heights – 10′ on the main floor an 9′ on second floors, upgraded and extended furniture-finished kitchen cabinetry, stunning flooring, contemporary bathroom designs and so much more, these magnificent homes will be imprinted with Sunrise’s inimitable standard of excellence”.
It’s really hard to know where to start!
This has to fall into the “crock of crap (excuse my language) category“!
Take a look at the photograph of the kitchen that appears on the page containing this latest fabrication.
I was actually in one of these homes yesterday where the owner was lamenting about having been promised 10′ on the main floor and “9′ on the second floor but received 10′ on the main floor and 8′ on the second floor“!
But the brochure stipulates “8′ on the second floor“! And, get this!
Nothing contained in that kitchen photograph (NOTHING) has anything to do with what is included with these homes.
The refrigerator promised ended up a small 30″ starter level refrigerator that was to sit in a 39″ opening (large enough for that big double door refrigerator in the brochure photograph!!!) in the starter level Paris Kitchen (lots of bang for their buck advertising “Paris Kitchens” – we spent an additional $10,000 on our kitchen plus an additional $12,000 to upgrade the appliances).
The kitchen floors were ceramic tile (the brochure says “stunning flooring“)!
The kitchen counter tops were a “level one granite” (lowest quality )- if you want quality anything close to that described in the brochure ) the buyer has to upgrade to level 3 which we did).
There were no double ovens, no microwave oven, no vent hoods like the one shown.
Again, no “Developer Police” so . . . . . “no fowl“!
The counter tops in all bathrooms were “Laminate“, yes . . . . Laminate!
I had asked the developer before buying and continually throughout the process and he always deflected my questions which told me that they weren’t as he had personally represented to me verbally . . . “stone that I would be very happy with“.
I don’t usually call people liars but let me tell you this guy and his partners surely qualify!
Whatever happened to those “contemporary bathroom designs” promised by this builder in the brochure?
Or is Sunrise Homes saying that laminate counter tops qualify as “contemporary bathroom design elements“!
Nothing in the brochures mentions the standard 6 1/2′ interior hollow core doors (who confuses that with contemporary design), the plastic cosmetic taps, the low quality granite where given, the above-mount sinks, all so creatively “not mentioned at all“!
But all of this is fine in real estate sales land!
I can’t even use Condoland anymore because these are freehold detached homes with a condo roadway (“POTL“) leading to them.
Buyers had to spend an addition 10% or $100,000.00), at least we had to, to bring what was represented to us as “the ultimate in traditional craftsmanship combines with the very latest in contemporary design and finishes to create luxurious homes of exceptional quality” (see brochure) up to the standard that qualified to meet the “represented standard” promoted by the builder!
I have discovered that this builder (“Sunrise Homes” – now there’s a lie sheet worth evaluating!) has had numerous Construction Liens placed on the property by its Trades people for non-payment.
I also see that at the same time Title Records show that the builder has put mortgages of around $15 Million on the property allegedly taking this money to buy and launch another site in Markham where they come from.
This venture into uncharted waters of Oakville for them turned into a nightmare allegedly because Oakville “is so strict and slow on Permits, etc.” according to the company’s COO.
It is obvious at even a scan that these guys bought into this development and then leveraged it to the nines ($15+ Million) and then used this project as a money grab to finance another “money grab” project.
What is missing here is any legitimate expertise, integrity, background, knowledge and or ethics!
And for some bazaar, and now totally unexplainable reason, the Municipality deems it acceptable to break their own contract by allowing the builder to impose occupancy onto the buyers when Clause 39 of their own Subdivision Agreement clearly states “NO OCCUPANCIES UNTIL GRADING, FENCES, LANDSCAPE COMPLETED”.
I’ve blogged about the local Oakville Inspector, whom I met at the site, agreed with me that they “do not do inspections . . . . . and that they don’t even look for trouble”!
Doesn’t that baffle you?
It sure as hell baffles me!
There are pre-set formality inspections but they don’t ever go actually “looking for trouble“.
And when I contact the City of Oakville (actually its called the “Town of Oakville“) to try to get some answers, I don’t hear back from the Mayor when I request some explanation or disclosure and I get this lengthy narrative from the guy in charge of “inspections” (sounds kind of weird doesn’t it when they’ve admitted not doing “inspections“) in which he quite academically articulates some theories about the process in general, but fails to address any meaningful question that was presented to him!
This gentleman and the Municipality of the Town of Oakville are making the obvious stand that they are comfortable with having published a Subdivision Agreement that someone in a position of authority concluded to disregard to the detriment of a number of their taxpayers that bought these homes, and chose to issue Occupancy Permits granting this proven untrustworthy builder the right under it’s contract (AP&S) to impose “Occupancy“.
And in this case that means Final Closing, as undisclosed to buyers, the Municipality has some how managed to “Register the POTL before construction even got under way“!
This is a big issue that the Municipalities latest narrative seems to try to spin!
If, in fact they did “Register the POTL“, when, where was the “Turn Over Meeting” Held and where are the Minutes of that Meeting?
How was the Board of Directors (to be formed by owners) formed and who was nominated and/or elected?
Seems strange when no houses and only possibly a sub-road existed at the time that the POTL was Registered!
Normally in Condoland, “Registration” comes AFTER the work is substantially completed.
The Municipality verifies that the builder/developer has met the Registered Site Plan.
In this case, apparently, the POTL was Registered before the work was even carried out!
The Municipalities decision underpinning this mess are wholly unacceptable and show a certain “flawed logic” that is consistent with the Developer/Builder and Municipality relationships.
So, for going on a year now, it seems logical to assume that very little of this has been properly executed!
The POTL was “Registered“, on December 18, 2014 as Halton Region Common Elements Condominium Corporation No 647″, even before I bought (December 31st, 2014 – but there was no disclosure of this even when asked specifics about the POTL component) PLUS the start of construction (April 2015).
Contributions to the Reserve Fund should have started at the first occupancy/Closing and the builder should have been making contributions of maintenance fees monthly for every unclosed home until it closed.
So, the selling of these homes has proven highly unreliable, factually inaccurate, and intentionally misleading but all is good from the Municipalities perspective.
And the Closing of these homes has proven totally without legal standing but all is good from the Municipalities perspective.
The Builder, who’s ethics and integrity have been thoroughly decimated in a Pleading to the Courts by one of the owners and is being consistently acknowledged by all other owners as being intentionally unethical, maliciously ill-equipped to fulfill his obligations, untruthful, incompetent, and downright stupid and untrustworthy has been granted the right to “grab the money and run”!
And the consumers have been left “holding the proverbial bag“!
And the Municipal Government of the Town of Oakville “packaged up and handed them the bag” while cozying up to the builder!
Can I hear you say “Conflict of Interest“?
The builder and Municipality started to inflict “damage” onto these buyers when the Municipality decided to grant “Occupancy Permits” contrary to the legal requirements set out in their own Subdivision Agreement.
I have asked the Municipality to explain what possible benefit was achieved by any other party than the builder and developer and possibly the Municipality in fees at Closings, suggesting that the ONLY remaining party is the consumer.
It has become increasingly obvious that the Municipality is actively participating with this builder and developer against the best interests of these purchasers of these upscale Oakville homes.
I will publish my follow up letter to Mr. Lamber, and his reply tomorrow.
I haven’t had the time, or even the interest (other this macabre instinct to see how educated academics explain away their guilt).
The other photo in today’s blog shows the actual conditions that these buyers have been forced to live in, some since last February!
Mr. Lambert says that he went to the site the other day as part of his due diligence (I guess) but I don’t think he took the time to talk with any of these buyers!
I’m not disparaging or throwing mud at Mr. Lambert as he is probably good at filling the “socially conditioned job-description” (“job“) that his educational qualifications, granted him to get.
The problem is that “the system” into which he has entered, is absolutely corrupt from the ground up!
It is inexcusable that these people (taxpayers) are being voluntarily required to live like this while a dysfunctional builder stumbles his way through ripping people off in the obvious manner by which this guy has gotten away with!
He’s going to run back to Markham and abuse consumers there in the same way that he has here, already having allegedly acknowledged that “development is a lot easier in Markham“!
And just yesterday while on site to do the only “Quality Control” (my wife and I have to drive all the way to Oakville to inspect the house almost daily now) offered in this mess (the builder’s employee hasn’t even been communicating our upgrades and changes with the site manager – who just took on the job when the last guy quit) I grabbed photo #3 shown today where a “cherry picker” was left in an owner’s lane way blocking her from getting into her garage and no-one even knew who’s cherry picker it was.
If these are private property as the Subdivision Agreement and POTL Agreement suggests, what rights are being granted this “Owner” to the “quiet enjoyment” (legal requirement) of their own property.
Talk about a travesty, or more accurately a personal and professional insult!
All of this because the Municipality chose to arbitrarily over-right the existing Subdivision Agreement to allow the builder and developer to “get paid millions” on the suffering of these trusting consumers.
It is time that we either fix this rigged game or have the last one out shut off the lights!
Sunrise Homes Review, comments