I agree with DSC's posts -- it may end up costing you some money depending just where the problem is, but the corporation would check it out first.
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The condo act, board powers, registration, etc..
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DSC
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I would send a registered letter to both your property manager and your landlord simply stating that you and your SO do not and have not rented via AirB&B or other and that only you live there. You could add that the security guard spoke to your SO at the time of the noise complaint so you cannot understand where the Air B&B idea came from. I would ask them to cancel their first letter
The concern is valid. You want owners on your board. Talk to people. If you have a Facebook page or group, discuss it there.
Yes, sometimes that's what you have to do. Or slip notes under doors.
There sure are.
You can go to City Hall and request a list of taxpayers for the address. I've never done it personally but I know people who have.
You can go to City Hall and request a list of taxpayers for the address. I've never done it personally but I know people who have.
DSC
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The poster asked a general question about Condo Turn-Over meetings:
Edited to read: We will be having our turnover meeting soon. The developer of the building is nominating their employees to run for the board of directors seats. Some of my fellow owners are concerned about this citing it as a conflict of interest on the part of the developer. What can we do?
Exact quote removed at their request (for reasons I cannot understand)!
Absolutely, I am in 100% agreement with Pink Lucy. Under the Condo Act ANYONE - with a few exceptions - can be a Director (you do NOT need to live in the building). Only OWNERS can vote so you need to reach as many owners as possible to be nominated and/or to vote. When the meeting is called they must send out a Proxy Form - you need to get as many owners as possible to sign these and to appoint someone on "your side" to BE the Proxy. Normally when proxy forms are sent out the come with a name - you can cross this out and put in whoever you choose. The blank forms are HERE: https://files.ontario.ca/proxy_for_...bsection_52_6_of_the_condominium_act_1998.pdf and https://files.ontario.ca/proxy_for_...bsection_52_6_of_the_condominium_act_1998.pdf
Edited to read: We will be having our turnover meeting soon. The developer of the building is nominating their employees to run for the board of directors seats. Some of my fellow owners are concerned about this citing it as a conflict of interest on the part of the developer. What can we do?
Exact quote removed at their request (for reasons I cannot understand)!
Absolutely, I am in 100% agreement with Pink Lucy. Under the Condo Act ANYONE - with a few exceptions - can be a Director (you do NOT need to live in the building). Only OWNERS can vote so you need to reach as many owners as possible to be nominated and/or to vote. When the meeting is called they must send out a Proxy Form - you need to get as many owners as possible to sign these and to appoint someone on "your side" to BE the Proxy. Normally when proxy forms are sent out the come with a name - you can cross this out and put in whoever you choose. The blank forms are HERE: https://files.ontario.ca/proxy_for_...bsection_52_6_of_the_condominium_act_1998.pdf and https://files.ontario.ca/proxy_for_...bsection_52_6_of_the_condominium_act_1998.pdf
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DSC
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Thanks DSC! Dumb question. The blank forms you linked make reference to the condo act of 1998. Are there updated forms referencing the reformed condo act? I have been searching for these but can't find themI'm afraid this developer will refuse these forms on voting day on the basis of being outdated.
The updated forms are on the links I sent above. You do not need exactly same form but the info needs to be there if appropriate. When the meeting is called they will (or should) send you a Proxy Form but just remember that if they fill in a suggested person to hold the proxy (often the Board president) you can ross that out and put whoever you want.
I am not surprised that City Hall would not release names to you - I would have been VERY surprised if they had. I would post notices or put notes on doors.
The updated forms are on the links I sent above. You do not need exactly same form but the info needs to be there if appropriate. When the meeting is called they will (or should) send you a Proxy Form but just remember that if they fill in a suggested person to hold the proxy (often the Board president) you can ross that out and put whoever you want.
I am not surprised that City Hall would not release names to you - I would have been VERY surprised if they had. I would post notices or put notes on doors.
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Interesting. I know someone who has requisitioned the rolls in order to contact residents. Another way to do it is to do a reverse phone search by address. Unfortunately this likely won't give you a lot of results because it looks up land lines only
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Ex-Montreal Girl
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I agree with what the others here say, i.e. Pink Lucy and DSC.
The landline thing is an issue. Our building has an older demographic so there are still a lot of landlines. Still, it wouldn't hurt to try. There's no way the city would give you the info and management, quite apart from self-interest, can't do it for privacy reasons.
But I would first solicit help from like-minded neighbours and write up a compelling single sheet that you slip under the doors. The info should emphasize the consequences of not getting owners on board. This sounds like a new build and who knows what can go wrong structurally. By the time you figure it out, the developer could have skipped town.
Possible problems involving neighbours include:
-- A lot of renters who don't care
-- A lot of younger owners who work long hours and can't be bothered
It's often us older, often retired, folks who have the time and energy to galvanize others. Look for them. If they have cars, stick something under the windshield wipers.
And read this: When something goes wrong you all may be screwed so this could get people motivated to get involved. It sounds relevant:
<Can the initial board of directors appointed by a condo developer turn around and insulate the very same condo developer from liability if, say, the common elements are constructed deficiently? In a recent decision that is bound to upset current and future unit owners, the Ontario Court of Appeal essentially said the answer is yes.>
The landline thing is an issue. Our building has an older demographic so there are still a lot of landlines. Still, it wouldn't hurt to try. There's no way the city would give you the info and management, quite apart from self-interest, can't do it for privacy reasons.
But I would first solicit help from like-minded neighbours and write up a compelling single sheet that you slip under the doors. The info should emphasize the consequences of not getting owners on board. This sounds like a new build and who knows what can go wrong structurally. By the time you figure it out, the developer could have skipped town.
Possible problems involving neighbours include:
-- A lot of renters who don't care
-- A lot of younger owners who work long hours and can't be bothered
It's often us older, often retired, folks who have the time and energy to galvanize others. Look for them. If they have cars, stick something under the windshield wipers.
And read this: When something goes wrong you all may be screwed so this could get people motivated to get involved. It sounds relevant:
<Can the initial board of directors appointed by a condo developer turn around and insulate the very same condo developer from liability if, say, the common elements are constructed deficiently? In a recent decision that is bound to upset current and future unit owners, the Ontario Court of Appeal essentially said the answer is yes.>
TransitBart
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But if you do not try, then you will never know.
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Ex-Montreal Girl
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Seriously, you must try and do so in a way that others find worth their time and energy.
Otherwise, sell and go to a building where people care about their investments and their homes.
I find the fact that management does not allow you to post notices anywhere -- seriously? -- particularly disturbing. This building is YOUR property, not management's. Have you read your Declaration/Rules/Bylaws? Isn't there a provision for notices? (Free kittens? Looking for a parking space? Whatever?) We allow "public" notices by residents on three boards: one in the gym, one in the laundry room and another in what we call the moving room.
Otherwise, sell and go to a building where people care about their investments and their homes.
I find the fact that management does not allow you to post notices anywhere -- seriously? -- particularly disturbing. This building is YOUR property, not management's. Have you read your Declaration/Rules/Bylaws? Isn't there a provision for notices? (Free kittens? Looking for a parking space? Whatever?) We allow "public" notices by residents on three boards: one in the gym, one in the laundry room and another in what we call the moving room.
Re the property tax rolls -- it took me a while to find it but here is what I had read elsewhere: they can go to city hall where they can view the owners addresses on the city tax rolls and mail them a letter explaining the issue and a proxy they can fill out. I have done this and it works well. (Note: I read this, I haven't actually done it myself! I would guess that the person who did this didn't say they were looking for names/addresses -- they probably said they wanted to see the rolls for their building to compare property tax assessments.)
If you aren't able to slip letters under the door (the way our threshholds are designed, this is very difficult to do), don't just leave them stuck in the door because if they fall down and litter the hallways, you could be sent a cleaning bill. If you are willing to spend some money, you could always mail every unit in your building. You don't actually need the names, just put your street address and unit 101, 102, 103, etc. and mail letters. If you have a lot of tenants in the building, however you are sending letters, be sure to ask that tenants pass them on to their landlords.
If you aren't able to slip letters under the door (the way our threshholds are designed, this is very difficult to do), don't just leave them stuck in the door because if they fall down and litter the hallways, you could be sent a cleaning bill. If you are willing to spend some money, you could always mail every unit in your building. You don't actually need the names, just put your street address and unit 101, 102, 103, etc. and mail letters. If you have a lot of tenants in the building, however you are sending letters, be sure to ask that tenants pass them on to their landlords.
DSC
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I think the problem here is that the original poster stated that the meeting is for the Turn-Over and election of first ELECTED Board. If that's so the building is still being run by the Developer (and a Board they appointed) and the Management Company reports to them. (Or may even be a subsidiary company.) Of course, its ridiculous that there is some sort of prohibition on posting notices and I doubt it could be enforced (except by them ripping them down as soon as you post them) but if it were me I would keep posting (but not damaging walls etc of course, leave notices at doors and, if you can use the Reverse Search on 411 and phone people. As Ex-MTL-Girl says It's YOUR Building (or soon will be) and you have every right to run for election, get others to run and canvass for votes.
Presumably you now have an appointed Board and you should note that the Turn-over meeting has special rules as laid down in the Act: They are:
First board of directors
42. (1) Within 10 days after the registration of the declaration and description, the declarant shall appoint the first board of a corporation. 1998, c. 19, s. 42 (1).
Replacements
(2) The declarant may revoke the appointment of a director to the first board and appoint another director to the first board who shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (2).
Term
(3) The first board shall hold office until a new board is elected at a turn-over meeting held under section 43. 1998, c. 19, s. 42 (3).
Number
(4) The first board shall consist of three persons or such greater number as the declaration provides. 1998, c. 19, s. 42 (4).
Conduct of business
(5) A written resolution that is adopted by the first board before the owners elect a director to the first board under subsection (8) and that is signed by all the directors entitled to vote on the resolution at a meeting of the first board, is valid even though no meeting is held to vote on the resolution. 1998, c. 19, s. 42 (5).
Owners’ meeting
(6) Subject to subsection (7), the first board shall call and hold a meeting of owners by the later of,
(a) the 30th day after the day by which the declarant has transferred 20 per cent of the units in the corporation; and
(b) the 90th day after the declarant transfers the first unit in the corporation. 1998, c. 19, s. 42 (6).
Exception
(7) The first board is not required to call or hold the meeting mentioned in subsection (6) if, by the day set for the meeting, the declarant no longer owns a majority of the units and advises the first board in writing of that fact. 1998, c. 19, s. 42 (7).
Election of directors
(8) At the meeting mentioned in subsection (6), the owners, other than the declarant, may elect two directors to the first board. 1998, c. 19, s. 42 (8).
Quorum
(9) Despite subsection 50 (1), at the meeting mentioned in subsection (6), the quorum for the election of directors under subsection (8) is those owners who own 25 per cent of the units in the corporation not owned by the declarant. 1998, c. 19, s. 42 (9).
As the Developer cannot usually pack this meeting due to the quorum being based on Units NOT still owned by them you and other owners have a very good chance of being elected IF YOU STAND. Please do so; you will have a tough first year but being a condo director can actually be quite good fun.
And once you are elected, think about finding a new property management company that will work with and for you, the owners, not the developer because you're going to be dealing with the developer for a while yet.
SunshineToronto
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I have similar incidents too.. I cannot believe so many people belongs to the "management group" thought they are "king" and control everyone's life... also lack of legal knowledge as well, very disturbing.