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Mondo Condo: Director's Cut

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wm pasz
Post Posted: Mon Dec 20, 2010 10:17 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
History is repeating itself. Contractors' liens against this property were plentiful in both the Castor Holdings and Ron Kelly eras. How many times can they recycle this scam?

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Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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hawk
Post Posted: Tue Dec 21, 2010 3:40 am

Joined: 07 Mar 2010
Posts: 271
I am not sure if the lawyer can put a lien on all the units but if so this is very serious. You can't sell a condo if there is a lien on it, no matter how small.

There are certain words that scare people—lien, bedbugs, cockroaches, crack dens—those sort of words. When potential buyers hear any of those words, they tend to run.

The whole thing makes me wonder what else our board is hiding from us.
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wm pasz
Post Posted: Tue Dec 21, 2010 2:06 pm

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
I would say that these latest developments - the liens, the unpaid utility bills and so on - make Phase 2 even more unlikely. If you can't pay the hydro bill on time what confidence should the public have that you can build a 7 story building, on top of a crumbling heap of a parkade?

To me the goings-on here seem like a plot from an old movie or a page from an old recipe book: A guy named Joe has a "franchise" from a certain well-known enterprise - you could call it a national brand. Each month he must kick up - er, I mean - pay up his franchise fees, which are quite steep and the franchisor is not especially forgiving of late or partial payments. So Joe dutifully keeps the franchisor happy.

He then gets to keep whatever is left over. Sometimes tough decisions need to be made. Does he pay the utility bills, contractors invoices and other costs of doing business or does he pay himself with that money? It's a tough call but in the end there's a certain consistency to the decision.

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Time is on the side of the oppressed today, it's against the oppressor. Truth is on the side of the oppressed today, it's against the oppressor. You don't need anything else. - Malcolm X
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hawk
Post Posted: Fri Dec 24, 2010 4:03 am

Joined: 07 Mar 2010
Posts: 271
On 23 December 2010 we all received, in our mail boxes, a Recycling Calendar for Toronto Apartment Buildings & Condominiums from the City of Toronto. It is to encourage and help us keep more materials out of landfill.

This is the second calendar we got and, if we do not get rid of or present board of directors, it will be just as useless to the residents of the Westmount in 2011 as last year's calendar was.

You can read why at:

http://www.westmountcondoslife.com/garbage.html


Quote:
Human society sustains itself by transforming nature into garbage.
Mason Cooley

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SharynS
Post Posted: Fri Dec 24, 2010 5:03 am

Joined: 28 Jan 2006
Posts: 3632
Location: the 'puter
How are piles of garbage left to rot and attract rodents not also a health department issue? There must be at least one competent city department out of the lot. Blows me away how long it is taking to draw the attention of authorities, let alone an action. There must be more in it for them if there's an actual death.

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hawk
Post Posted: Fri Dec 24, 2010 5:23 pm

Joined: 07 Mar 2010
Posts: 271
The city has so many problems and we are only one of them. Aside from a couple of us, there is no noise being made about this place.

Some people, especially renters, like it here and do not see any problems. I got to wonder where they lived before. A few pretend that they do not see that anything is wrong.

One woman told me that she thinks that the residents from Jane—Finch (a public-housing-cheap rent area) are starting to move along Wilson Avenue and that we will be getting some serious problems soon as we are a down-market building full of renters.

The new condos that are being built closer to the subway will attract higher-income owners so they will not be competition for us. Higher prices and condo fees discourage low income people. We will be the "slummy" building of the area if we are not already.

Maybe she is right.

Poorer people trying to enter the condo market usually buy in older buildings that are cheap because it has few amenities and is starting to get rundown. Here, you can move into a newer building that fits that bill.
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hawk
Post Posted: Wed Jan 05, 2011 8:55 pm

Joined: 07 Mar 2010
Posts: 271
Going on condo fee strike

I have been hearing more owners in the Westmount either starting a condo fee strike on their own or talking about organizing a condo fee strike. I put a page on the website stating why this is a bad idea.

It does show me just how upset some owners are now getting. Our board has lost all credibility now with almost everyone.

05 January 2011
How are you doing?

I’ve been thinking about something. I hate paying my maintenance fees every month knowing that they are just getting squandered by Joe. Is it possible to pay the maintenance in trust to a lawyer so that way it may force Joe to turn things around here.
It kinda reminds me of going on strike. We pay but not to him until he changes things around here.

I just wanted your opinion here. I figure if a group of us do this, it could protect us in the long run. Let me know what you think?
Thanks

I wish that a condo fee strike was possible but it is not. We cannot do it. That is one thing that is frustrating.

I am surprised by how many owners are so openly fed up with our board of directors. Their arrogance and disrespect for the law and their director responsibilities is so blatant.

Please read:
http://www.westmountcondoslife.com/trust-fund.html

This will explain why a rent strike cannot be done.
editor
Quote:
No notice is taken of a little evil, but when it increases it strikes the eye.
Aristotle

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hawk
Post Posted: Sat Jan 08, 2011 12:28 am

Joined: 07 Mar 2010
Posts: 271
This is the latest installment on my Small Claims Court case to see condo records. I have heard a lot of people talk about going to Small Claims to get to see the records but no one seems to have actually done it so I decided to go as I am sick of being denied my rights.

The Defence


The condo has hired a lawyer to defend their refusing to allow me to see the corporation records. The defence says:


"The defendants states that the penalty requested by the defendant is only to be awarded if the defendant has breached section 55 of the Condominium Act, 1988.

The plaintiff did not make requests pursuant to the section 55 of the Condominium Act 1998, and therefore the defendant cannot be liabe for the penalty.

The Defendant is not and was not obligated to send information and documents to the Plaintiff."


I am not sure what this means except that they seem not to want to show me any of the condominium's records and documents.
(The spelling mistake is in the original.)

I think that this is just another example of the board stalling to prevent the owners from seeing the records and learning just how bad things are at the Nightmare on Keele Street.


I have more details at:
http://www.westmountcondoslife.com/small-claims-defence.html
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hawk
Post Posted: Mon Jan 17, 2011 5:55 am

Joined: 07 Mar 2010
Posts: 271
Our long awaited lawsuit is finally on the move.

Our lawyer has filed our case against the TSCC # 1786 board of directors and is seeking a court date. The directors and the previous director have been served.

Here is an e-mail we received:

From: Motions Scheduling Court
Sent: January 14, 2011 9:50 AM
To: Benjamin Rutherford
Subject: RE: CV-09-380136 - Marshall v TSCC 1786
request to attend scheduling court

I have scheduled Motions Scheduling Court (Triage court) for
Jan 19, 2011 at 9:00 a.m. at 393 University Avenue, Motion Room 801.

I will be posting regular updates on:
www.westmountcondoslife.com
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hawk
Post Posted: Tue Jan 25, 2011 11:36 pm

Joined: 07 Mar 2010
Posts: 271
We have a court date. On Friday March 11 we take the board to court seeking an court-appointed administrator to take over the building.

We are also asking the judge to find the directors in contempt of court for failing to follow a court judgment and court orders.

We see that Joe Ieradi is having the building cleaned up a bit; nothing special, especially nothing that costs any money.

Joe Ieradi also lost his appeal in superior court to stay the city inspector orders to repair the garage. We are sure that he knew he would lose, he just wanted to stall for more time.

You can read the full story at:
http://www.westmountcondoslife.com/MLS-garage.html
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SharynS
Post Posted: Wed Jan 26, 2011 9:35 pm

Joined: 28 Jan 2006
Posts: 3632
Location: the 'puter
[freakin'] Wouldn't happen to have a picture of Ieradi's face would you hawk? [/greatnews]

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hawk
Post Posted: Thu Jan 27, 2011 8:03 am

Joined: 07 Mar 2010
Posts: 271
A repo man showed up tonight with a tow truck and towed away the Westmount-Keele Ltd pickup truck. Westmount-Keele Ltd is the developing company that built our condo.

The repo man said that they missed the payments for the last three months.

This was the first time I actually saw a repo man in action.

Since Joe Ieradi, the president of our condo board is the president of Westmount-Keele Ltd, we can now see that his missing our monthly utility bills may be a part of a bigger picture of missing payments.

If I was a contractor or a supplier to Westmount-Keele or any of their other group of marketing named or numbered companies, I think I would want to be paid up front.

The owners in our condo have good reason to worry about Westmount-Keele Ltd financial health as they are a major supplier of services and goods to our building. The owners have been illegally denied access to the condo's records so we cannot be sure what is happening with our money.

Also the board has a history of failing to collect condo fees, $250,000 in 2007 and over $100,000 in 2008. Westmount-Keele Ltd owns 31 commercial units on the ground floor and in the basement. Those records are two and a half years old so we do not know what has happened since then.

If Westmount-Keele Ltd is not paying their truck payments how can we be sure they are paying their condo or utility fees?
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hawk
Post Posted: Sat Jan 29, 2011 6:24 pm

Joined: 07 Mar 2010
Posts: 271
Superior court judge says Westmount must repair the garage

On 20 January 2011 a superior court judge backed the city building inspectors and ordered TSCC # 1786 to repair 13 items on a 14 item list for the above-ground parking garage in the back of our condominium.

The builder Westmount-Keele Ltd owns the garage while the owners of TSSC # 1786 own individual parking spots in this garage and has joint ownership of some of the common elements.

For the last five years, the residents of our condominium have been parking in an unsafe garage that does not meet the minimum city standards. Now, Joe Ieradi has until the end of May to complete the necessary repairs.

So far the board of directors have not informed the owners of this court decision. You can read the details at:

http://www.westmountcondoslife.com/MLS-garage.html
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hawk
Post Posted: Mon Feb 07, 2011 11:01 am

Joined: 07 Mar 2010
Posts: 271
The grey Westmount-Keele Ltd F150 pickup truck is back on the property. It is now sitting in its usual parking spot. The licence plates are missing so I guess they got to put them back on the truck. (Since put back on.)

One of the Axis Security employees is telling residents that the truck wasn't repo'd, it just needed a couple thousand dollars worth of repairs. He claims to know this is true as he saw the repair bills. Really now.

I have been driving for over four decades and I never seen or heard of a repo man take a vehicle away for repairs and I never had a car come back from the repair shop missing its licence plates.

The bull just keeps piling up at the Westmount.
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hawk
Post Posted: Thu Feb 10, 2011 7:02 am

Joined: 07 Mar 2010
Posts: 271
Justice is slow
The board's condo lawyers requested a lengthy delay to the court proceedings claiming that the change in law firms from Fogler Rubinoff LLP to them required more preparation time.

Our lawyer, Ben Rutherford, went to triage court today to decide on rescheduling the hearing.

The hearing has been pushed back to Monday 02 May 2011 as Ben was able to get the next earliest available date. There is an agreed time table for the case involving examination of witnesses and the submission of evidence.

There should be no further excuses for delays on their part. Within the next three weeks, Ben will have had the chance to question the auditor and the engineer that did the Reserve Fund study.
Quote:
“We think our case is extremely sound and we're proceeding with it, and we'll just keep going until the end of it.”

Don Stout

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