Pets in your Condo - What will they do about your cat?

The judge noted that the Board had a “duty to act fairly in making a decision that affects the rights, privileges or interests of an owner.” 

Condominium Decisions are not made in a vacuum but Condominium purchasers also need to know that rules exist to be enforced; not bend by exemption.

If the building is no pets;  OTHER owners purchased there under that understanding.

In a recent Alberta case, Condominium Plan No. 762 1302 v. Stebbing, the condominium corporation was unsuccessful in its attempt to have a cat removed from the property.  The condominium by-laws provided that no animal or pet was permitted without the approval of the board, which approval could be arbitrarily withheld and if given, could be withdrawn upon 15 days’ notice. The by-laws also provided that the Board could request removal of any animal that is deemed a nuisance or annoyance.

Ms. Stebbing, the owner, had made Board approval of her cats a condition of the purchase of her unit.  She was under the mistaken impression that approval had been granted at the time that she purchased her unit.  Everything was fine for a couple of years.

After more than two years the Board demanded that Ms. Stebbing‘s cats be removed on the basis that no consent had been obtained. The Board had received complaints from some owners who were allergic to cats, although no specific complaint was directed at Mrs.  Stebbing’s cats. There were a number of pets in the condominium, some of which had approval and others that did not.  When Ms. Stebbing refused to remove her cats the condominium commenced a court application.

The judge noted that the Board had a “duty to act fairly in making a decision that affects the rights, privileges or interests of an owner.”  In view of the fact that the Board had allowed this situation to exist for some time and subsequently changed its position the Court considered whether the Board’s behavior was oppressive or unfairly prejudicial. “Pets are not simply chattels.  Compliance with Section 67 of the [Alberta Condominium Property] Act in this case requires balancing the inconvenience and discomfort suffered by other residents with depriving another of the comfort and companionship a pet affords its owner.  It is not simply a case of the Board always siding with an owner with allergies.” The judge further noted that the 15-day removal provision in the by-law should be reserved for extreme cases.

At the end of the day the court did not make any finding on whether the Board’s conduct was oppressive or unfairly prejudicial.  Instead the judge made a declaration that Ms. Stebbing’s cat (one had previously passed away) was in breach of the condominium by-law as written consent had never been obtained, but he stayed enforcement until the cat died or was relocated by the owner.

This case illustrates that if a Board delays in enforcing the condominium documents, it risks finding that a provision may not be enforceable against a particular owner.  If the board becomes aware of any breach of the condominium documents, it must act promptly and consistently in taking any enforcement steps.

However the Board should be consulting with legal counsel if there are any possible human rights considerations at play, as the Board’s duty to enforce the condominium  documents must be balanced with its duty to accommodate persons with disabilities.  Matters  of this nature will  need to be reviewed with legal counsel on a case-by-case basis.  Readers can refer to many of our previous blogs that deal more specifically with human rights issues.

- See more at: http://www.condoreporter.com/?p=3325#sthash.5UKp3jGu.dpuf

How can you protect yourself from dishonest sellers?

Yes, Home Sellers do mask defects
Yes, you can protect yourself.

You can create a viable buffer with these two powers.

Dishonesty cost  sellers a bundle - and thankfully, the listing Agent saved their real estate company from bearing the brunt.

Home Verified Reports from GEOWarehouse are available to explain what INSURANCE history may have occurred at that address.

Have there been any claims for fire, flood or theft?  Wind or Storm damage and especially any criminal activity.


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Dishonesty cost these buyers Nothing.  With Home Insurance available from CHS Safe Close TM  
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This exclusive offering is only available when you purchase your home with the David Pylyp Home Buying Team TM.   Insurance is provided by Rhodes and Williams Limited.

Call for details today. 647 218 2414    http://BuyinginToronto.ca

Are you over 55? Time for a serious conversation

We need to do some serious planning and in doing so, I need to ask you some personal questions so that I can better help you.

• Why did you buy your present home?
• How many rooms in your house regularly do you use?
• If your home was suddenly GONE! would you rebuild?
• What are your TOP 5 retirement lifestyle goals?  Is a large family home one of them?
• How long do you want your income to last?

In answering these questions and more; we can 

1) Connect with you to better understand 

2) Do research for your options

3) Communicate these solutions

4) WIFM?  I Write the business.

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David Pylyp

647 218 2414

Can Do Mortgages How much can you afford?

With so much self serve information it's important to get the right details.

You can determine how much of a home (mortgage) you can afford by considering your income and adjusting for expenses.  Adjusting your down payment amount will impact your overall purchase price.   

Calculate what your saving will be when renewing your mortgage;   REMEMBER your savings will be over 5 years, the new term of your mortgage.

http://davidpylyp.com/agentprofile/Mortgage_Qualifier.cfm

Using the Mortgage Qualifier displayed here permits you to calculate different scenarios ADDING maintenance fees and taxes, into the budget calculations to forecast realistic expenses.

Using an Independent Mortgage Broker shops your mortgage application to the mortgage finance market.  Brokers are actually bidding for your business.    Why take the standard renewal from your existing lender without comparing what others can save you!

Renewyourmortgage.ca is just such a renewal service.

Your family deserves the best you can provide.

That's all they can afford to pay..... Toronto Real Estate Crisis

Preamble

Widow with 3 adult sons remained in the family homestead of 40 years.  The growing needs of being a senior now require a single floor for mobility and less snow shovelling or house / lawn maintenance. Its expensive to heat the 4 bedroom house for one person. She expressed her interest to change to a condominium with her BFF [who was previously a REALTOR ® ] Smartsizing*   

There was a swift introduction to a Friend of the BFF. [bird dog]

He took her out a few times to look at condos, and then reminded her that she was obligated to him.  The sons are all past clients of mine.  The sons recommended that she contact me about her needs.

BUT ... She felt obligated.

They settled on a condo unit and a closing date. The home was listed for sale at $XXX.   Toronto, Ontario, Canada's real estate market for detached homes is firmly a SELLER's Market. After a few days on the For Sale, he asked What will you take...    What's your final price.  What's your lowest price?

She finally responded to the questions with...  "I will not take less than $YYY"

An offer from a showing appeared exactly at $YYY and the agent sheepishly added;

But thats all they can afford to pay....

The agent double dipped the seller on the detached home and sold a condo.

The family suspects that the Widow [their Mom] was shorted [duped] out of about 10% of the homes value by an unscrupulous agent. We all want a trust relationship, transparency and fiduciary duty to our clients. Mom doesn't believe she was manipulated.

"Happy Buyer" and a "Happy Seller" means that there is no ethical complaint against this realtor.  BUT should we sit by and permit this?   We talk about raising the bar in real estate transactions then find stories like this are more common.

What would you do?

Dear John; Its over between us!

Dear John,

I love you, I really do.
Its me
Its not you

You call me late at night and ask questions
You want things explained

You want neighbourhood details and perspectives
Deep personal back ground info

You want property histories.... What sold on the street? How was it inside?

I know you are seeing properties with other agents.

Stop the denial.
We need to sign a Buyer's Agency or I refuse to be your emotional information center and data bank anymore....

I cannot handle the late night emails and phone calls that demand immediate attention without your mutual commitment.

You tell me.....

I cannot commit to you without your commitment to me.

so.....

It's over between us...  I cannot handle the lies.

Lawyers giving Condo Advice

When you purchase a resale condo suite you receive a Status Certificate that explains the Financial position of the Condominium Corporation.
a) What are they expected to spend Capital Projects (Forward Plan)
b) Are they being sued?
c) Are their Finances stable IE Borrowings vs Special Assessment
d) Percentage of Rentals vs Owners
e) Rules and Regulations you will need to adopt.
f) Is the Owner up to date with their fees and what do they pay
g) Confirmation of Locker and Parking descriptions.

They will provide you all Insurance Documents, Rules and Regulations, and most recent AUDITED Financial Statements.  You now have these on a CD and in Print; You take them to your lawyer....

Lawyer today told a Buyer;  "That condo isn't a good deal because their Annual budget is in deficit."    UMMMmmm Really....  My response?   "Yer stupid".

Building Budget Held Meetings (the Board of Directors and Management Company) for what they expect to spend; planning Diligently. This creates the amount to calculate your maintenance fees.

If we spend $100 more than anticipated on anything ( legal fees, repairs, a few snapped parking control gates)  WE WILL BE IN DEFICIT. 

If a condo is adhering to their Reserve Fund Study, {depositing the correct amount quarterly each year and earning interest}  and the audits have been done.... [by accountants who manage and accounting firms who audit PLUS the engineers who calculate the remaining economic life of system components] there is generally not a lot to discuss.

WTF  [who legal term] are you to decide an annual operational deficit means its a poorly run building and you recommend your buyer skip it.

A financial statement takes a snapshot at a particular calendar date. (Usually Dec 31st year end) Are you overdrawn during TAX time?   Uhhuh   Now pick up that book on accounting practices are review Financial Statements paying careful attention to the Source and Application of Funds.  ( what we collected, what we spent / did with it) 

If the building is deficit or surplus it is carried forward (and paid) into the next year. It is not a VISA card.  Its a running balance.

In this case, the Buyer is changing Lawyers. or the Building could have a sale that show DFT [Deal Fell Through]  when asked the agents would say Financial Statements of the Condo Corp.  Depending on their KLOUT their voices might carry, damaging the financial resale and viability of the building.

Please work with people who understand...  Your road will be so much smoother.