I ‘feel
bullied,’ says condo owner taken to court over backyard garden items
not allowed in bylaws
CBC News
By: Erica Johnson
20 February 2017
Jayne Pilot
feels bullied by her condo board and property management company after
leading a fight against a 22 per cent condo fee increase. (CBC)
An Ontario woman says a dispute with her condo board and property
management company over minor garden infractions has left her
emotionally devastated and contemplating moving out.
Jayne Pilot of Brampton was sitting by the pool at her condo complex
with friends last July when she was handed an envelope containing a
court summons.
"I was shocked," says Pilot. "I didn't understand what they were taking
me to court for."
The summons was from her own condo corporation, and outlined various
bylaw infractions Pilot had committed, such as having seven patio
chairs when only six are allowed, having two flower pots that exceeded
dimensions outlined in the 1988 condo rules, and having solar lights in
her garden.
Pilot has sent
a presentation based on her experience to Ontario's Ministry of
Consumer Services. (CBC)
"I thought, 'This is totally ridiculous. This is not reasonable,'" says
Pilot. "I feel bullied."
"Why would you take somebody to court over flower pots, solar lights,
and one chair too many?"
She thinks the answer to that question is because, two years ago, Pilot
lead a successful fight against a proposed condo fee increase of 22 per
cent, arguing that a mass re-roofing project was not necessary.
"I was able to get everybody together and they [condo board] saw that I
could do that," says Pilot. "And I don't think they liked it."
Instead of following Ontario's Condo Act, which requires mediation as a
first step, Pilot was taken to civil court. The judge said the condo
rules must be "reasonable" and pointed out that the case should have
been dealt with in mediation.
The condo corporation then took Pilot to mediation, where both sides
reached a settlement, the terms of which cannot be disclosed.
Condo board
won't comment
Members of Pilot's condo board did not return emails or calls
requesting a comment.
Maple Ridge Community Management, which manages the condo complex, also
declined to be interviewed, citing "ongoing litigation." It would not
clarify the nature of that litigation.
National condo
dysfunction
Disputes like the one between Pilot and her condo board are growing
almost as quickly as the number of condo units, according to William
Stratas, managing director at Eagle Audit Advantage, a Toronto-based
company that investigates grievances from both condo owners and board
directors.
"Our files are bulging," says Stratas, whose office gets calls daily
from condo residents who feel mistreated by their condo boards and
property management companies.
"In some condos, the message that comes from the board is, 'Pay your
fees and shut up,'" he says.
William
Stratas, of Eagle Audit Advantage, says condo boards, managers and
owners need to communicate better. (CBC)
"The residents in those buildings really feel like they're in a prison
camp," says Stratas, who has lived in a condo himself for 27 years, and
formed his company after joining a condo board to help straighten out a
financial mess.
"There should be a basic desire for everybody to find a way to make it
work," he says. "It's their shared community. And I think what we see
[in Pilot's case] is a breakdown of that shared spirit."
“There should be a basic desire for
everybody to find a way to make it work.”
—William Stratas, condo conflict
investigator
The online Condo Information Centre, run by Ontario condo advocate
Anne-Marie Ambert, has received over 5,000 letters since its creation
five years ago.
Ambert tracks the nature of complaints, and says one-third of condo
owners write that they have been intimidated, bullied, discriminated
against or threatened by boards/managers when they make justifiable
complaints.
More Canadians
in condos
Over the past three decades, condo construction has been the fastest
growing type of housing in Canada, according to the Canada Mortgage and
Housing Corporation.
In 2000, condos accounted for 18 per cent of all housing starts, but
that number has now almost doubled to 33 per cent.
According to the most recent numbers from Statistics Canada, there were
1.6 million condos in Canada in 2011, accounting for 34 per cent of all
housing.
Patchwork of
regulation
Across the country, provinces are grappling with battles between condo
residents and their boards.
Ontario is about to introduce changes to its Condominium Act, which
hasn't been updated since 2001, long before the province's condo boom.
The centrepiece of the new legislation is the creation of a dispute
resolution tribunal — a lower cost option to court — to deal with the
rising number of disagreements between boards and owners.
Ontario to update condo Act to lower cost of dispute resolution
Stratas says the changes will protect condo owners from the precarious
position Jayne Pilot was put in, when her board took her to court. If
it wasn't for a "sensible judge" insisting on the rules being followed,
he says, she might have faced steep legal costs.
B.C. at the
forefront
Many condo advocates say B.C. is at the forefront of handling condo
issues, after creating Canada's first online tribunal, the Civil
Resolution Tribunal, six months ago.
Complainants can find free online template letters to send to condo
boards or neighbours to try to resolve a dispute, without filing a
claim.
If they do file a claim, a mediator is assigned to work with both
parties to reach a settlement, at a maximum cost of about $300.
If no agreement can be reached, the mediator can make a ruling, which
is enforceable as a court order.
Tony Gioventu, executive director of the Condominium Home Owners
Association of BC, says his office receives hundreds of calls a day
about struggles between condo boards and owners.
"Targeting individuals ... who oppose what the [condo board] is doing,
is probably the most common tactic that people in residential
communities use," says Gioventu.
"If they have any kind of opposition whatsoever ... you'll find that
the condo board will isolate that individual, demonize that individual,
make up all kinds of stories around alleged bylaw violations."
"It creates a level playing field," says Gioventu. "And to have a condo
dispute resolution opportunity that is part of a justice system is
unique in the world."
Tribunal costs for B.C.'s Ministry of Justice are estimated to be
between $4 million and $5 million a year, but keeping cases out of
small claims and provincial court is estimated to save 10 times that
amount.
Taken a toll
Changes to Ontario's Condo Act come too late for Jayne Pilot, who looks
out over her snow-dusted backyard, remembering how a condo board member
secretly photographed items to submit as court evidence that she was
violating bylaws.
Pilot can no longer picture enjoying the summer weather on her patio,
and is contemplating moving out of the complex.
"I am devastated," she says. "Your home is your sanctuary. And that was
taken away from me."
Comments
Here are the Comments that Jayne Pilot submitted to a CBC News report
"New Ontario condo laws target boards and directors" posted on 25 July
2017:
Jayne Pilot
Condo Management can effect the value of your home asset. Does the
Government Condo Act protect the Owner?
Condo Boards look after millions of dollars in investment. We need
competent people on Condo Boards and Property Management Companies to
make wise decisions tied with this investment.
Our Board where I am, looks after $45 million dollars in home equity.
I have a before and after picture of my backyard (common area) taken in
July this year, where I was required to remove beautiful plants in the
common area, which we were told years ago could be planted there.
However, this was not documented in the rules.
Now the Property Management and Condo Board told me to remove all the
plants. Other owners have dried up back yards with no flowers and some
have beautiful flowers, however the Board is not going after them.
This devalues the value of my property and those who live in this
complex by the Board making these types of decisions.
Michelle
Seddon
@Jayne Pilot Out of curiosity, have you sat on your Board? Given you
seem to have issues with the way the current members are running things
perhaps you should run at your next AGM? That way you can start making
the changes you feel are needed to the way things are run at your
building.
Ursula Reimer
@Jayne Pilot That is why a good board puts policies in place that deal
with improvements and additions. That way the rules are clear and there
is a paper trail of what was approved when and how is responsible to
maintain such things. Attend your AGM to make your voice heard and
submit your concerns in writing so it is documented.
Jayne Pilot
@Michelle Seddon
I put my name forward 2 years in a Row and the Property Management when
they did the Proxy Votes, did not include my name.
Property Management don't want me on the Board as I uncovered some
dealing tied with their management and finances.
They approved a 22% increase without doing a Reserve Study. Seniors in
my complex came for me to help to stop this, so I organised the owners
and went up against this and only a 6% increase resulted. Ever since
then, they have bullied me, taken me to court, I have been cross
examined by 2 lawyers, went to court and won in civil court and then
they took me to mediation. I've been bullied for 3 years.
I agree to your statement but with corrupt management how do you do
this?
Jayne Pilot
I was the lady that was taken to court over 1 chair too many, 2 pots
and went onto "CBC Go Public".
The judge told the lawyer that the proper process for handling Condo
disputes is mediation, arbitration, court and he did not know why they
would take me through this expensive process of going to court. This
cost condo owners big monies when the Board, Property Management and
lawyer did not follow the proper process required by the Condo Act or
our Condo Bylaws to do this process.
I gave the lawyer a copy of the Condo By-law requiring mediation to be
done prior to court, it was ignored and I was taken to civil court
where I won.
I told the VP of the Property Management Company that the Property
Manager lied on the affidavit and that the proper process for handling
disputes was mediation, arbitration, court, he ignored the call and
email and they took me to court. He did not tell me that the Property
Manager was his wife.
After I won in court, the Condo Board and Property Manager took me to
mediation, which I had to pay $874 myself and agreed to having an
inspection. Otherwise I was told it would cost me $10 - $15,000 if I
had to go to arbitration. I could not understand why I won in court and
now had to do mediation, when it was their error to not do proper
process to begin with. They never spoke to me only dealt with lawyers.
I contacted the Government of Consumer Affairs, who is responsible for
the Condo Act. I told them that there is no process in place to make
Condo Boards, Property Managers, Lawyers or Mediators accountable when
they do not follow the Condo Act.
I would need to myself hire a lawyer and take them to court, which
would cost me a fortune.
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