Has anyone successfully sued a condo corp?

[saladonthebeach]

I just wanted to know, cuz I have big problems with the managing company of my unit( Victorian Property Management !). Are there any practicing lawyers or students at law here?

I have a single story row condo and the unit behind me has a outside deck, apparently jutting out into my attic. Renters in that unit use the deck as a one or two dog kennel. Back in May, I had two stream of water(probably mixed with canine urine and feces) running down my wall in front of the washroom. I phoned, mailed, and faxed the problem to the managing company to no avail. I basically had to go to work and come home every day to notice new damage after a rainfall. From May until now, I have about three walls, kitchen cabinet/counter, bathroom door frame/carpet, bathroom ceiling, and other hidden damage. Also, I can see active mould coming through a drywall section and lining the backsplash edging of the kitchen countertops.

I recently sent them a handwritten letter, instead of being professional, threatening legal action. A few days later, they overhauled the neighbors overhead deck. A day later, I get up for work and head into the bathroom for a wash to find the ceiling over the stand up shower had collapsed as if someone missed their footing between the attic studs and forced the insulation and drywall to partially collapse. Their are also nail jutting through my kitchen ceiling!!! I also saw mouse droppings on the floor that fell out of an insulation bag. So, now I'm forced to use the tub and pay extra for water and gas to heat it.

So, now being Nov... even if a crew came in to fix everything, I'd estimate weeks of work and crews constantly coming inside and outside. No big deal, but I would have to foot all their electrical/heating bills and pray that nothing would go missing. I already pay $160 in fees for the grass/snow to be cut/shoveled every odd month. Before someone mentions that's a cheap fee... I live in a becoming scummy area and the fee doesn't cover any utilities except for the outside stall plug in. I've tried my absolute best to keep my cool about the whole situation, but I'm so close to losing it for some jail time!!

Anyways, nevermind the story... it is only to give some background. I just wanted to know if someone had success with a legal battle with such a condo corporation. I had run ins with lawyers before and I truly find that most don't give a flying crap, unless you have wads of cash like a baller. No disrespect, but I guess everyone wants more roll for the job. LOL

Clarification: CONDOS SUCK BAG!!!!!!!!
I can't sell it probably until the new year and even if I did, where do I go from there?? Apartment vacancies and rent bite and there is no effin way that I'm taking out a $300k mortgage for a decent pad, because I am never ever considering to buy a condo again.

Anyone got a trailer in a park for sale in E-town?? :bigpimp:

[BigMass]

Originally posted by saladonthebeach
I just wanted to know, cuz I have big problems with the managing company of my unit( Victorian Property Management !). Are there any practicing lawyers or students at law here?

I have a single story row condo and the unit behind me has a outside deck, apparently jutting out into my attic. Renters in that unit use the deck as a one or two dog kennel. Back in May, I had two stream of water(probably mixed with canine urine and feces) running down my wall in front of the washroom. I phoned, mailed, and faxed the problem to the managing company to no avail. I basically had to go to work and come home every day to notice new damage after a rainfall. From May until now, I have about three walls, kitchen cabinet/counter, bathroom door frame/carpet, bathroom ceiling, and other hidden damage. Also, I can see active mould coming through a drywall section and lining the backsplash edging of the kitchen countertops.

I recently sent them a handwritten letter, instead of being professional, threatening legal action. A few days later, they overhauled the neighbors overhead deck. A day later, I get up for work and head into the bathroom for a wash to find the ceiling over the stand up shower had collapsed as if someone missed their footing between the attic studs and forced the insulation and drywall to partially collapse. Their are also nail jutting through my kitchen ceiling!!! I also saw mouse droppings on the floor that fell out of an insulation bag. So, now I'm forced to use the tub and pay extra for water and gas to heat it.

So, now being Nov... even if a crew came in to fix everything, I'd estimate weeks of work and crews constantly coming inside and outside. No big deal, but I would have to foot all their electrical/heating bills and pray that nothing would go missing. I already pay $160 in fees for the grass/snow to be cut/shoveled every odd month. Before someone mentions that's a cheap fee... I live in a becoming scummy area and the fee doesn't cover any utilities except for the outside stall plug in. I've tried my absolute best to keep my cool about the whole situation, but I'm so close to losing it for some jail time!!

Anyways, nevermind the story... it is only to give some background. I just wanted to know if someone had success with a legal battle with such a condo corporation. I had run ins with lawyers before and I truly find that most don't give a flying crap, unless you have wads of cash like a baller. No disrespect, but I guess everyone wants more roll for the job. LOL

Clarification: CONDOS SUCK BAG!!!!!!!!
I can't sell it probably until the new year and even if I did, where do I go from there?? Apartment vacancies and rent bite and there is no effin way that I'm taking out a $300k mortgage for a decent pad, because I am never ever considering to buy a condo again.

Anyone got a trailer in a park for sale in E-town?? :bigpimp:

that sucks ass, but dont be too upset about moving out. $300k in Calgary wont buy you a cardboard box on a street corner.

[creeper]

Call City TV and get them to come out and do a story about how shitty this is, that will kick managements ass into gear. Also, call the city and tell them about this mold shit, maybe they can fine the building people, and make them clean it up or something.

Godpseed.

[lilmira]

Don't you own part of the condo corp.? I believe every owner of the building owns part of the condo corp. which is responsible to take care of the whole building and its surrounding. Since the condo corp consists of a bunch of home owners who may or may not have any experience in how to house keep a building, the condo corp. hires a management company.
I would take tons of pictures and document everything. Stay in contact with the board of the condo corp. and the management company. If you think the building is damaged by anyone in the building, you should report it to the condo corp. immediately.
Don't sue the condo corp. You'll be suing yourself. You should find out what the problem is. If the damage is caused by some dog urinating on the deck, the condo corp may be able to seek money from the owner of the unit. It will be up to the owner to seek money from his/her tenant.
You can probably find all the information in your condo by-law.

[Xtrema]

Did you go to condo meetings? May be it's time to choose another management company.

[D. Dub]

You should go to your condo board first--it's their responsibility to mediate this matter--thats why you elect them!!

[7thgenvic]

i would keep sending letters, and add some pictures if you wanted.

[Rav4Guy]

let your condo board know and as well as the management company. They will take care of it.

[StupidWade]

As far as I know, if the damage to the inside of the condo (the part you own) was caused by a deficiency on the exterior of the condo (the common part that everyone owns) then the condo association is liable for both the interior and exterior damage.

Then, once they've taken care of repairing all the damage, they can litigate against whoever they think caused the whole problem to begin with.

I hope you've kept copies of all the paperwork you've sent to the condo board about the problem, that way they won't be able to 'play dumb' about the whole thing.

[saladonthebeach]

Thanks for all the input... sometimes, you just gotta vent out... while you have your back up against the wall, getting your nuts kicked in non-stop.

I didn't pick this idiotic condo management company, they were elected in before I even purchased my pad. The company is a private firm with good lawyers, they sued me once for back payment of purposefully neglected condo fees plus a couple of extra g's on top of everything. I think that lawyer actually owns the management company or is a relative of the person who does. Well, that's what I heard from the local gossip anyways. I think the condo board members are paid off with little or no condo fees, but I'm not too sure. They jump to the gun like a snail across sand. I'm just sick to death about the whole lot of them.

Anyways, the treasurer and head of the board inspected the damage just before the neighbors deck was replaced. They also had a contractor with them, that totally was behind me and took care of all the damage explainations. He was also gung-ho to perform a leak test once the deck was replaced. But, as usual, I'm left with more damage and nobody around. lol

There is a condo meeting tomorrow, but I'm afraid I'm going to be too tired and extremely upset to attend that gig. I don't find it reasonable to take time out of my life to profess the slum that I reside in. I'll snap, I'm sure of it. Anyways, it's not really a general meeting... moreso for board politics. Plus, I'm sure the other owners don't give a hoot what's going in my place as long as they are living in luxury. It's a dog-eat-dog world out there. I think it's best just to hand write another irate letter to the corp and hope for the best. I'm totally at wit's end with this matter and like I said before... I'll end up paying in the end. It's major work and it calls for different crews to come out. So, even if they started "pimping my condo"... they will crank the heat, come in and out, and use the juice for power tools. I can't win. I think it's more economical for just a crew to patch my ceiling and treat the mould. Then, come spring time... I'll shut down the gas and crews can even prop the doors wide open. :)

I just think this condo ordeal has been the tip of the iceberg of woe for me. I've just had enough. I've been ripped off on cars, this condo, former employer, car insurance company, women, and what ever else I'd sooner want to forget. I just want to get totally smashed out of my skull every weekend and sell my dog too. I'm in debt... my roomie moved out with his g/f and you the eff would want to room here in this filth anyways?? I frankly don't have the money or time to get professional help.

Anyways, back on topic... I've kept copies of everything and a grisly photos of the damage, start to relative finish.

If you're bored... you can have a look at my partial upload;
http://s126.photobucket.com/albums/p119/saladonthebeach/condo-woes/

[Hash_man]

Ummm holy shit... Thats absolutely rediculous. Like said above, I would definately go to the meetings, it can't hurt to try. And if that doesnt work, then definately get in touch with one of the news stations about your problems, they like stuff like that. Also, thats pretty much unsafe living conditions if the water is still coming in and causing mold, as that can be dangerous to your health... So you could probably get in touch with the city.

[nos_efx]

Get lawyers, involve the city and the media. Your health is really the most important thing right now....

Depending on what kind of mold it is it can really cause some permanent damage to your body, don't put a price tag on that. If there is excrement coming down with the water, I cannot fathom what type of molds spawn from that.

If you get a chance get some clear duct tape and see if you can take a sample of each and every type of mold that you see and place them individually in a zip loc bag.

My GF is a air quality biologist, she may be able to test them out for you.

[saladonthebeach]

Yeah, I know.. the health issue is like a hammer to the head. The worse part about the scenario is that I've succumb to the stress and become stricken with hermitosis, so I spend a lot of time inside the pad. In fact, I hardly go out after work anymore, so I'm probably breathing in a high concentration of the mold spores.. score 1 for the corp! :cry:

I have yet to pay this month's condo fees.. so I will draft another letter and send it out with the cheque. Yeah, I think I'll call up the local 'Trouble Shooters' if nothing else comes into play. I can't be a pussy, mental case, or sickly either. It's balls to the walls now, war on.. time for action and have the sheit run down their walls now!

"My GF is a air quality biologist, she may be able to test them out for you." Thanks nos.. game on, how much coin for that? I just washed down the black forest in my kitchen yesterday with hydrogen peroxide for the third time, but that shit grows like weeds.. it'll be back tenfold.
:love:

[lilmira]

Originally posted by saladonthebeach
Thanks for all the input... sometimes, you just gotta vent out... while you have your back up against the wall, getting your nuts kicked in non-stop.

I didn't pick this idiotic condo management company, they were elected in before I even purchased my pad. The company is a private firm with good lawyers, they sued me once for back payment of purposefully neglected condo fees plus a couple of extra g's on top of everything. I think that lawyer actually owns the management company or is a relative of the person who does. Well, that's what I heard from the local gossip anyways. I think the condo board members are paid off with little or no condo fees, but I'm not too sure. They jump to the gun like a snail across sand. I'm just sick to death about the whole lot of them.

Anyways, the treasurer and head of the board inspected the damage just before the neighbors deck was replaced. They also had a contractor with them, that totally was behind me and took care of all the damage explainations. He was also gung-ho to perform a leak test once the deck was replaced. But, as usual, I'm left with more damage and nobody around. lol

There is a condo meeting tomorrow, but I'm afraid I'm going to be too tired and extremely upset to attend that gig. I don't find it reasonable to take time out of my life to profess the slum that I reside in. I'll snap, I'm sure of it. Anyways, it's not really a general meeting... moreso for board politics. Plus, I'm sure the other owners don't give a hoot what's going in my place as long as they are living in luxury. It's a dog-eat-dog world out there. I think it's best just to hand write another irate letter to the corp and hope for the best. I'm totally at wit's end with this matter and like I said before... I'll end up paying in the end. It's major work and it calls for different crews to come out. So, even if they started "pimping my condo"... they will crank the heat, come in and out, and use the juice for power tools. I can't win. I think it's more economical for just a crew to patch my ceiling and treat the mould. Then, come spring time... I'll shut down the gas and crews can even prop the doors wide open. :)

I just think this condo ordeal has been the tip of the iceberg of woe for me. I've just had enough. I've been ripped off on cars, this condo, former employer, car insurance company, women, and what ever else I'd sooner want to forget. I just want to get totally smashed out of my skull every weekend and sell my dog too. I'm in debt... my roomie moved out with his g/f and you the eff would want to room here in this filth anyways?? I frankly don't have the money or time to get professional help.

Anyways, back on topic... I've kept copies of everything and a grisly photos of the damage, start to relative finish.

If you're bored... you can have a look at my partial upload;
http://s126.photobucket.com/albums/p119/saladonthebeach/condo-woes/

First of all, you have to pay your condo fees! Imagine half the owners don't pay the condo fee on time, how would the condo corp pay for all the maintenance? Then your building would really fall apart. I'm not sure if the board members get paid, I always think that they volunteer.

Secondly, I would suggest to get an independent inspector to look at the situation first. I wouldn't trust the contractor. Of course they would say their work is good. I wouldn't trust the board members neither, they are just somebody who doesn't know better than regular joe.

Thirdly, you have to go to those meetings and address the situation to the other owners. I don't think they would like the situation any more than you do. I wouldn't. If this happens to you, it could happen to anyone else. Remember, those board members may not care too much about you. They could just be someone who has too much time with nothing else to do. Unless you show them that you really care, why would they do more? If you think the board members are idiots, why not be one yourself? You just have to nominate yourself and get someone else to second, there isn't much voting usually.