Retaliation
“As
we Canadians like to lecture banana republics, democracy isn't just
about voting day. It's also about nominations and due process in
between elections.”
—Martin Regg Cohn

Well,
it won't get this bad.
When you start a political campaign against the board,
they will fight back.
They will tell the owners—your neighbours—that you lack sincerity and
judgment. Going further, they may engage in character assassination and
may accuse you of everything from being everything from a drunkard and
a wife beater to a grave robber.
If you are in any way breaking a bylaw or a rule, no matter how petty,
the board may send you an expensive cease and desist letter from the
corporate lawyer. That will hit you in the pocket book.
If you canvas the building looking for support from the other owners,
or if you enter the manager’s office, the manager may phone the police
and attempt to lay a charge of trespassing. This is a very common
tactic.
You
will raise their
fees
The most effective accusation they can make to the other owners is that
you want to raise everybody’s fees. It is so very effective mainly
because most owners want low fees and also because it may be true. You
may see the need for fee increases. That accusation will cause your
support to drop like a stone.
Perhaps they will send you a letter from the lawyer saying that you
have been interfering with the management of the corporation and demand
that you pay the legal fees occurred in sending you that letter.
Things can get ugly when you get threatening letters from the
corporation lawyer. Here is an info-advertisement one Toronto-area
condominium law firm put on their website:
Advertisement
Difficult
owners
Many condominium corporations
have experienced “the unit owner from
hell”, sometimes called a “condo commando”, who is either a person with
mental health issues, or simply someone with too much time on his or
her hands. These people are “difficult” people who make life miserable
for those who become the targets of their attention.
The question is: What can you do
to either bring these people into
line, or force them to move?
The issue is not just one of
unnecessary aggravation. There is also a
concern over liability because as the “occupier” of the common
elements, a condominium corporation has the legal obligation to ensure
that the common elements are reasonably safe. This is a real concern if
your resident condo commando exhibits any signs of violence or
instability.
We have had great success in
dealing with these problem owners, ranging
from restraining orders to court orders requiring them to sell their
units. In most cases, there are effective steps that we can recommend
to assist your condominium corporation.
If the law firm is hired to help a besieged board deal with someone who
is mentally ill, has been violent, has dementia or Alzheimer's disease,
then they are doing the unit owners and all the other condo owners a
service.
However, when they are used to gag legitimate dissent and democracy
within the corporation, then they are being misused and they are
acting, whether knowingly or unknowing, unethically.
Intimidating
minority directors
Here is a posting from an Internet blog:
05
September 2010
I was just elected to the Board of directors for my condominium.
The present board and the property manager have been withholding
information from me as well as the owners. They are having board
discussions without me.
Is there something that can be done legally to prevent this from
occurring?
I also wanted to sign a petition that has
been
circulating requesting a meeting of the owners to discuss the current
property manager and superintendent.
Can I do this, or can my wife sign this petition without going against
the Condominium Act?
I have the support of a large portion of the owners but am unsure if we
would be able to garner the 51% required to remove the superintendent
as well as the current board members if required.
I know this can be done if the owners learn the truth of what has been
occurring between the board and the property manager but I am unsure
what can be disclosed legally? If I do provide this information can the
remaining board members have me removed or start legal action?
An owner has handed me a tape recording of the property manager
screaming at him as well as calling him slanderous. Can this tape be
played for the rest of the owners to hear or is this against the law?
I realize I am asking a lot, but the owners who have voted me in are
fearful of retaliation by the board and or property manager and I
believe the only way to have the present board and property manager
removed, or at least to change their present behaviour, is to have all
the owners hear and see all the facts.
They have also tried to
intimidate me by
sending
me a cease and desist letter from the board and property manager by
saying that I have been attempting to do repairs to the common
elements. This is untrue; I even have video to back me up.
I know of at least one
other owner who has received a similar letter
the day after he had gone to the property manager’s office to complain
that there was mould in his unit that was being caused by cracked
exterior caulking. (His wife is 8 months pregnant).
Can I take the board
and property manager to court without have the
owners paying for their legal fees?
Story to
share:
Sasha
10
March 2012
Your case sounds so
familiar. We have almost identical situation at our
condo corporation. The property management, superintendent and
some
board members consistently mismanaged corporation funds and all my
attempts as a board member to replace the property management fell on
deaf ears.
Similarly to your case,
I was accused of everything and anything to the
point that I had to hire a lawyer to defend myself.
All this changed when I
decided to engage the owners using the
Internet. To make a long story short, we fired the property management
company, the superintendent and all "rotten" board members within a
two-month period, spending almost no money to support my actions.
Here are two cases where the majority of the board and the property
manager were harassing a minority director.
The big problem is that until they hire an experienced condominium
lawyer, the minority directors will have a difficult time understanding
what the laws are, how much trouble they are in and no clear idea on
how to remove the poor-performing majority directors.
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