Insisting on rights claimed to be workplace harassment

After this court decision was released, property management has learned to use workplace harassment accusations as a way to punish owners who are persistent in demanding their rights.

Here is a threatening letter sent by a Toronto area law firm to an owner and her husband on 04 December 2017, in response to his requests to examine condo documents that he has a legal right to see.

What's his beef?
It would be helpful to understand that at this Mississauga condo:

•	The president and another director are the owners of the property management company that has the management contract for this condo corporation. (Directors & management are one.)
•	There has been no AGMs for the last three years.
•	The president/manager refuses to allow the owner's husband to examine any of the financial records. (He has the power of attorney to act in his wife's name.)
•	Popular common element amenities have been closed.
•	The buildings have been poorly maintained.

As a reward for showing an annoying interest in understanding how his investment is being managed, the owner, and her husband—who is not on title— gets threatening letters from the corporation's law firm stating:

"We have been advised that you have berated, threatened, taunted, harassed, defamed, slandered and intimidated PCC 389's staff and board of directors on an ongoing basis, and that you have harassed residents and unit owners of PCC 389. We have also been advised that you have attempted and threatened to extort monies from PCC 389 by coercing PCC 389 to provide you with records that you are not entitled to receive.

Your behaviour constitutes workplace harassment as defined in the Occupational Health and Safety Act R.S.O. 1990, c.0.1. PCC 389 will not tolerate such conduct against any of its employees, agents, board of directors, unit owners, residents, or any other persons who are entitled to be free from violence, verbal abuse, accusations and workplace harassment. In addition, PCC 389 is obligated to take all reasonable steps to keep its community safe and peaceful.

You have a statutory obligation pursuant to section 119(1) of the Condominium act 1998 (the Act) to comply with the Act, and with PCC 389's declaration, by-laws and rules. Enclosed herewith are highlighted copies of relevant sections of the Act together with relevant sections of the condominium corporation's declaration as they pertain to the above-noted issues, for your information.

Consequently, this letter serves as notice to you that:

a.	You are required to immediately cease and desist from engaging in harassing or unwanted behaviour with PCC 389's unit owners, residents, employees and board members.
b.	You are required to immediately cease and desist from attempting to extort monies from PCC 389; and,
c.	You are not permitted to attend in the management office of PCC 389 or to approach any member of PCC 389's staff except in the case of emergencies affecting your safety and security (if your matters are related to the Unit or to the condominium corporation that need to be addressed by management, then you must communicate those matters in writing.

Be advised that if you fail to comply with any of the foregoing, then PCC 389 will take the necessary steps to obtain your compliance. In this regard, we hereby reserve PCC 389s right to commence formal legal proceedings without any further notice to you. If formal proceedings are commenced, then PCC 389 will also seek to be indemnified for those costs. We caution that said costs may well exceed $10,000."

Rubbing the salt into the wounds
Now here comes the best part.

"Lastly, PCC 389 is entitled to be indemnified by you for any costs it has incurred to date as a result of this matter. We direct you to Article IX of PCC 389's declaration establishing your obligation to indemnify the condominium corporation (copy enclosed for your ease of of reference).

PCC 389 will issue its invoice(s) to you directly in this regard. Payment must be made in accordance with the due date set out on PCC 389's invoice(s). If you fail to submit payment to PCC 389 by the invoice due date, then said amount will be collected in accordance with the provisions of the Act and with PCC 389's governing documents. All other costs incurred by our client in connection with this matter will be your sole responsibility, as one cannot fairly expect that all the other unit owners must collectively pay for costs incurred as a result of issues caused by you or your occupant."

The price of justice
So as a reward for trying to get his board to release financial records and hold AGMs this owner gets threatened with a court application and will be forced to pay for a very expensive legal letter or have a lien placed on their condo unit.

So what can he do?
In this case, I advised him to get a legal opinion from a lawyer that is experienced in condominium law.

Since the majority of the owners in this condo corporation are of the same ethnic group as the president/manager, while his ethnic group consists of a small minority and the "management" has kept the monthly maintenance fees extremely low, then he has no chance of gaining political control of the corporation.

My advice is to sell and get off title.

For more information
http://condomadness.info/disputes-owners.html
http://condomadness.info/disputes-harassment.html


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