Letter from Khan to requisitionist

December 23rd 2008

Mr. Gxxx Gxxxxx
xxx- 238 Albion Rd.,
Etobicoke, ON M9W 6A7

RE: Your letter of December 16th 2008 with attachments

We would like to acknowledge that we are in receipt of your letter of December 16th 2008 (received December 19, 2008).

We have reviewed the letter and attachments and would like to note that they do not constitute a proper format for a requisition meeting of owners in accordance with the Condominium Act of Ontario.

There currently is four members of the Board. The board of directors can appoint a resident owner to the Board until the next AGM, where the appointed member would be required to stand for election.

As to the calling of an Annual General Meeting, the Act provides that the Board of Directors must call an AGM meeting no later than six months from the end of the fiscal year. MTCC 706 has a December year end and the meeting has to be called before the end of June 2009. MTCC 706 in the past has normally called its AGMs in April or May.

Channel Property Management was engaged by MTCC 706 to manage the condominium commencing November 1, 2008 for a 3 year term ending October 31, 2011.
 
When Channel received the books and records for the current fiscal year (Jan to Oct 2008) they were in a state of disarray. You will appreciate that Channel has had to do a considerable amount of work to provide Financial Statements for November and resolve accounts receivables issues related to the special assessment.
 
A physical inspection of your building was conducted and a report was provided to your board. It is obvious that the building has been neglected for a considerable period of time and that a considerable amount of repairs and maintenance will be required.
 
A small group of owners have recently approached Management personnel on several occasions, making threatening gestures and using verbal abuse and racist remarks to the property manager and the superintendant. This is an action that has caused management to call the police. It goes without saying this could turn into a human rights issue and for the superintendent this is also a violation of the union contract with MTCC 706.
 
Certain allegations have been made related to Mr. Pxxx Exxxxx. We would appreciate a report in writing as to what they were and any evidentiary materials related to such allegations. Mr. Exxxxx is a respected professional member of the condominium community. Groundless accusations could be considered as defamation of character and grounds for legal action.

We would like to note that the board had requested an additional declaration from Channel that Mr. Exxxxx would not be involved in management of this corporation. This was duly executed by Channel and was given as an appendix to management contract  agreement.
 
To conclude, we would ask that you intervene on behalf of civility and ask the owners to act in a more responsible and business like manner. The current situation is making it very difficult if not impossible for Channel to manage the property in accordance with our management contract. If this situation does not improve, we may be forced to seek legal advice to protect management staff and our contractual obligations to MTCC 706.

Channel Property Management is a professional property management company that has a team of property management professionals. We are interested in managing your property as we believe that we can help to resolve the many issues facing your condominium corporation.

We are available to meet with you at your earliest convenience to resolve all matters involving your condominium corporation.

I can be reached at 905-264-3535 ext.222

Sincerely,

Manzoor M. Khan   B.Tech (Hons),  M.Tech (IIT)
clientcare@channelproperty.ca
CEO and President
www.channelproperty.ca