Was the Administration a success?
“If you have no critics you'll likely have no success.”
—Malcolm X

If you polled the owners, especially the ones who lost their homes, I am sure the vast majority would say no. However, we need to look at it objectively.

Work orders
The Administrator did get the city mandated work orders completed. Andrew Atrens was appointed to do that and that he did.

Finances
When he took over the condo corporation, the condo was $1,264,049
million in the red and after five years under Atrens' administration it was $513,765 in the hole.

Security
During the six years the condo was in administration, there were several murders on the property. Crime was a serious issue as was vandalism, graffiti and false fire alarms. Mr. Atrens was not successful in making YCC #42 a safe and secure community. Again, more money was needed to make this happen.

So we need ask; if money could be raised to pay for the work orders to make the structures safe, could not more money have been raised to make the residents safe?  Perhaps not as there was only so much money that could be raised by special assessments and the owners refused to accept loans or sell an unused part of the property.

Also, if the majority of residents co-operated with security and the police, would not that have gone a long way in improving security?

Overcrowded units
The Administrator also failed to enforce the single-family residence provisions that were in the Declaration and he did not shutdown the businesses and illegal day cares that were operating out of residential suites.

Enforce the bylaws
It appears that the bylaws were not enforced. Read this owner's complaint that was described on a lawyer website:

18 July 2010
“My family and I have owned and lived in a condominium apartment in Etobicoke, Ontario for 36 years (340 Dixon Road, Apt. 611). We never had a significant problem with noise from the apartment above us (Apt. 711) until a few years ago when the owner of the unit, an absentee landlord, laid a tile floor throughout the apartment.

At the end of 2007, Apt. 711's owner rented out the apartment to a family consisting of two parents and, I believe, three children. Numerous other children are also constantly present in the apartment, relatives, I assume. These children seem to be totally out of control, in the sense that they run back and forth and jump up and down in their apartment -- CONSTANTLY, ALL THE TIME THEY'RE AWAKE AND AT HOME. The thudding of their feet on the tile floor in Apt. 711 (my ceiling) sounds like galloping horses or thunder. To make this image even more clear: I'm sitting at my computer at this moment with headphones on my ears and music playing loudly. But even so, I can STILL:
• hear the thuds and crashes coming from 711 above
• feel the vibrations from these thuds and crashes in my desk and computer
    keyboard
• see framed photos on my walls shake from these thuds and crashes

I've been complaining about this situation since January 2008 -- yes, FOR MORE THAN TWO YEARS. I've complained to York Condominium Corporation #42 management who have direct management control over our condo complex of 320, 330 and 340.

And I've complained to Vero Property Management who are the "Head Office" of YCC #42. My numerous complaints have been by telephone and in writing.

Both YCC #42 and Vero Property Management make all the correct sympathetic noises and tell me that they've contacted the owner of 711 to inform him of the problem but, ultimately, nothing has significantly changed since 2008.

As well as affecting my family's home-life, state of mental well-being and general enjoyment of our home, this intolerable situation is also affecting my business: I am a freelance writer and work from home. Every morning I begin work knowing that I may get nothing done if the noise from above begins yet again and destroys my concentration.

To me, this situation is very simple: if, as a landlord, I'm going to rent my apartment to people who are going to RUN AND JUMP AROUND CONSTANTLY, then I cannot have TILE flooring in my unit.

If, as a landlord, I choose to have TILE flooring in my unit, then I cannot rent my apartment to people who are going to RUN AND JUMP AROUND CONSTANTLY.

I understand that tenants have rights. But I cannot believe that, as an owner in this condominium building for 36 years, I don't have rights as well -- especially given that my family has been paying YCC #42 more than $1,000 per month in Maintenance/Special Assessment fees for the past four or five years for the joy of living here. One of these rights should be the right to live in relative peace in our own home.

I would appreciate any advice you can give me and my family in this situation.

Thank-you.
Wayne Shepherd

I guess a $1000 a month didn’t buy this owner much satisfaction from Vero Property Management and the Administrator.

Property values
In the past—almost always—after the appointment of an administrator, property values went up. That did not happen at YCC #42. Property values went down during the six years the property was managed by the Administrator.

Shortly after Andrew Atrens left, four units were sold by a bank under Power of Sale for $29,000 to $37,000. With the number of power of sales that took place, it could not be otherwise.

However, by the spring of 2014, after the new board lowered the fees by 27%, property values started to rise.

Communications
The owners complained that Mr. Atrens did not communicate with them.

There were a couple of leaflets and memos distributed and he did hold AGMs but that was just about it. By the fall of 2012, the bulletin boards in the lobbies had notices on them that were left posted for over two years with nothing newer taking their place.

A notice that was posted and was left on the boards for over two years

Road back to democracy
Justice Brown chastised Mr. Atrens for holding elections for a board of directors when he, as the court appointed administrator, managed the condo.
The “Elected Board” consisted of members of the same faction and they acted as if they had legitimacy which the Court stated they did not.

Mr. Atrens made recommendations on how the court could prepare for a turnover of power to a board and the Court prepared a Road Map to self-governance but it seems that both Atren's recommendations and the Road Map skidded into a ditch.


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