purge-overboard2

The threatening letter

Here is the threatening letter that the board sent to Bill.

TO: Bill
FROM: Members of the Board of Directors,

May 1, 2013

Your fellow Board members recently discussed incidents of hostility and accusatory outbursts directed by you towards staff within the building and towards other Board members while in the common areas.

In one case, your outburst against another Board member, while in the Recreation Area, was clearly in retaliation for voting against your position at a duly constituted meeting. In another case, you blasted another Board member for making a decision about gym equipment, in which that innocent board member actually had no involvement.

Each incident was unprovoked and accompanied by animated finger pointing and loud accusatory yelling from you which erupted suddenly without warning. These incidents occurred openly in the common areas and imposed upon those Board members’ rightful use and enjoyment of the property without harassment.

(The letter refers to "incidents" that happened in the common elements so they can try to use the section of the Act stating the right to quiet enjoyment of the common areas. Bill's discussions with the individual bard members are wildly exaggerated. Notice that there are no accusations of Bill swearing or of physical intimidation.)

Board members have a right to vote according to their discretion, judgment and liberty, as part of a democratic process which is fundamental to condominium governance, without fear of reprisal for their voting decisions. Your attack antics upon other Board members for their voting decisions, or for decisions which you attribute to them, clearly violate this basic right and undermine the democratic process.

(However Bill is not so free to disagree with the district manager the other four directors.)

In still another incident during a Board meeting, you interrogated another Board member against his will regarding his personal voting decision, and then acted in a physically threatening manner towards a Property Manager when that manager attempted to intervene, prompting another Board member to physically block your advance toward that manager. You then wrote a complaint to the manager’s superior accusing that innocent Property Manager of threatening you. As you know, after an exhaustive, impartial and well-documented investigation by a trusted executive member of the management company, your complaint was found to be inaccurate in many substantial details, and completely contrary to the account of all witnesses who were present with you when the manager allegedly threatened you.

(Interrogating? Isn't that different from questioning? The allegations of physical threats are false and used to add alarm and drama to normal disagreements at board meetings.)

Bill said the same thing in Scarborough

(A district manager who lobbys a board member to change his vote after a board decision has been made is not so innocent. He cannot be that sensitive as he worked so hard to fire the superintendent and kick him out of his home in December just before Christmas.

The management company investigates its own district manager and finds him completely innocent? That is surprising after all he would be completely neutral third-party wouldn't he)

There has been a number of complaints from Board members and staff, in the recent months, about your accusatory outbursts directed at them while they are minding their own business in the common areas. Your conduct has been described as explosive and hostile. These incidents are very disruptive and prevent residents from their rightful enjoyment of the property. As a result your presence now instills fear in both your fellow Directors and building staff.

(Instill fear? Anyone who has met Bill will realize just how silly this is. Again no mention of fear of physical harm—maybe fear of justifying poor decisions?)

In addition to your confrontational behavior, you have a history of absences from Board meetings and show a startling disinterest in participating in Board discussions. You have also imposed orders upon others, or placed angry demands upon others, which you clearly have no authority to make or to request.

(All the other board members are retired, or receiving social benefits so they hold impromptu board meetings when Bill is at work. The only regularly scheduled board meeting Bill missed was in April when he was on vacation.)

Considering your pattern of witnessed angry outbursts, reckless and malicious accusations against other Board members and Property Managers, and history of absences from Board meetings, your fellow Directors have regrettably concluded that it is no longer possible to work with you as a cohesive Board. In order to ensure the Board's functionality and the safety of its members, and to protect their right to enjoy and make use of the condominium property without your harassment, the Board has no recourse other than to take the appropriate legal step to address this issue.

(Of course anyone who does not agree with the majority board members and questions the managers has got to go.)

All legal costs incurred by the corporation in taking these steps are recoverable from you, pursuant to s.46 of the Declaration which provides as follows:

Section 46—indemnification of the Corporation by Owners
Each owner shall indemnify and save the Corporation harmless from and against any loss, cost, damage, injury or liability which the Corporation may suffer or incur resulting from (or caused by) any act or omission of such owner (or of any resident, tenant, invitee or licensee of such owner’s unit) in respect of the common elements or any unit(s)…All payments to be made by any owner pursuant to this section shall be deemed to be additional contributions toward the common expenses payable by such owner, and shall be recoverable as such (with corresponding lien rights in favour of the Corporation similar to the case of common expense arrears)."

As provided for by the Declaration, such legal costs are recoverable from you as “additional contributions toward the common expenses payable by such owner”, Accordingly, these costs can be secured by registration of a lien against your unit, which can then be enforced as a mortgage in default by the commencement of Power of Sale proceedings.

(The big stick!)

However, it is the position of the Board that if you tender your resignation from the Board prior to May 15, 2013, agree to not run for election in future Board vacancies until 2018 and refrain completely from harassing Board members and staff, the Board will discontinue further action, and will not pursue recovery from you of legal costs incurred to date.

(Here is the carrot.)

It is the Board's position that your resignation will benefit residents, considering the inability of the Board to function cohesively at this time, as a direct result of your conduct.

(Justification for making the "innocent owners" pick up the legal costs.)

(Four board member signatures)
cc: lawyer
Law firm

Isn't this something
Well, the old president warned Bill that they did not want any new board members didn't he!

The cost
When he first saw this letter, Bill thought that the management company wrote it. However, it became clear that the corporation's lawyer was a main player.

Lawyer's billable hours

Date	Description	Hrs
16 Apr 13	Discussion with directors re procedure and Board mtgs & director's conduct & advise re further steps:	0.40
19 Apr 13	Review Declaration, review and amend draft letter re directors conduct, and advise Board, and confirm instructions;	2.20
30 Apr 13	Advise Board re letter and related issues re director's resignation & procedure at Board meetings;	0.80
15 May 13	Review response from Bill to Board's letter and advise re enforcement steps and lien process;	1.20

Everything has a cost and getting rid of Bill came with a price tag.

Legal fees

Fees	2,185.00
Photocopying	7.00
HST	284.96
Total	$2,476.96