hodgkinsken
Active Member
So here's an interesting question...Are the notice periods laid out in Tarion listed in business days?
Here's my situation:
* In december I received a notice from the builders lawyers stating my new tentative occupancy was August 1st, 2013
* On April 8, 2013 I received a notice saying my new final tentative occupancy date was October 9, 2013
* April 8 - August 1 = 83 workdays (there are two stat holidays)
If my math is correct then I can go back to their lawyer and insist that August 1st is now my Final Tentative Occupancy and if they want to move it to Oct 9th then it's the last movement of the date they can do without providing compensation.
Thoughts?
From tarion:
The First Tentative Occupancy Date – The anticipated date that your condominium unit will be completed and ready for you to move in, as agreed upon by you and your builder. Your builder can set one or more Tentative Occupancy Dates.
• Final Tentative Occupancy Date – If the current Tentative Occupancy Date cannot be met, a Final Tentative Occupancy Date must be set within 30 days of roof completion. If the Final Tentative Occupancy Date cannot be met, with 90 days written notice, the builder can extend the Occupancy Date one more time for up to 120 days by setting a Firm Occupancy Date.
• Firm Occupancy Date – A date set by the builder with 90 days prior notice if an existing Tentative Occupancy Date cannot be met. This date may be set within 30 days of roof completion as an alternative to setting a Final Tentative Occupancy Date. The Firm Occupancy Date cannot occur after the outside Occupancy Date. Once a Firm Occupancy Date has been set, if your builder extends occupancy by setting a Delayed Occupancy Date, delayed occupancy compensation is payable to you.
If your builder extends the First Tentative Occupancy Date, but fails to give you a full 90 days written, then the First Tentative Occupancy Date becomes the Firm Occupancy Date. In addition, if your builder exercises the first extension properly, but fails to provide you with a full 90 days written notice of a subsequent extension, then the current Tentative Occupancy Date becomes the Firm Occupancy Date.
Here's my situation:
* In december I received a notice from the builders lawyers stating my new tentative occupancy was August 1st, 2013
* On April 8, 2013 I received a notice saying my new final tentative occupancy date was October 9, 2013
* April 8 - August 1 = 83 workdays (there are two stat holidays)
If my math is correct then I can go back to their lawyer and insist that August 1st is now my Final Tentative Occupancy and if they want to move it to Oct 9th then it's the last movement of the date they can do without providing compensation.
Thoughts?
From tarion:
The First Tentative Occupancy Date – The anticipated date that your condominium unit will be completed and ready for you to move in, as agreed upon by you and your builder. Your builder can set one or more Tentative Occupancy Dates.
• Final Tentative Occupancy Date – If the current Tentative Occupancy Date cannot be met, a Final Tentative Occupancy Date must be set within 30 days of roof completion. If the Final Tentative Occupancy Date cannot be met, with 90 days written notice, the builder can extend the Occupancy Date one more time for up to 120 days by setting a Firm Occupancy Date.
• Firm Occupancy Date – A date set by the builder with 90 days prior notice if an existing Tentative Occupancy Date cannot be met. This date may be set within 30 days of roof completion as an alternative to setting a Final Tentative Occupancy Date. The Firm Occupancy Date cannot occur after the outside Occupancy Date. Once a Firm Occupancy Date has been set, if your builder extends occupancy by setting a Delayed Occupancy Date, delayed occupancy compensation is payable to you.
If your builder extends the First Tentative Occupancy Date, but fails to give you a full 90 days written, then the First Tentative Occupancy Date becomes the Firm Occupancy Date. In addition, if your builder exercises the first extension properly, but fails to provide you with a full 90 days written notice of a subsequent extension, then the current Tentative Occupancy Date becomes the Firm Occupancy Date.