Feather Factory Lofts (Roncesvalles/Dundas, Plazacorp)

[Solaris]

I bought last year and I bought my same unit this year. When I asked the manager about what happened last year I got a letter explaining that everything is expected to be totaly approved by the end of July and I would be eligible for a street parking permit. They explained it took so long because the neighbours opposed them because the building would compete for their parking. There was this wacko outside trying to convince me not to go in!!! He told me there's no parking for me and that people like me ruin everything. Hey dude - GET A LIFE.

just as long as you acknowledge the risk you are taking ... what happens if the OMB rules against Plazacorp ? do purchasers get deposits back and the deal is cancelled ?? or are purchasers now stuck with a commercial unit that they can't live in ???

What if . . .

 

[Artee]

I appreciate your concern Monty and Solaris, but my condo docs disclosure section - I'll quote it - from BY-LAW.4 (a) says "Each Unit in the Building shall be used for residential purposes and for any other lawful purpose."
Plazacorp is not scamming me and they can't force me to close on something they can't deliver. I'm not worried.

As far as permit parking, the building will become eligible once its OK for residential. I called to City to verify. THey said only residential buildings get it and once its esidential I'm ok.

 

[DarnDirtyApe]

Yes, you are eligible but that does not mean that you'll get one! You'll be added to the waiting list, which from what I've read in this thread is likely to be very long.

 

[urbandreamer]

You could be waiting up to 10 years for a spot.

 

[sharkey]

Actually Sharkey has no parking problem for his cars. He has an ENORMOUS front parking pad (legal????) in front of his house on Ritchie. I think he just hates people. He sounds like it.

Don't be so quick to judge, when you don't have all the facts. If you inform yourself and get all the facts, you'll find that Plazacorp was pulling a fast one. I'm happy that with the help of other residents I helped straighten this out. The units are now selling quite well, I believe. I welcome all buyers to the FFL & to the neighbourhood. Now that you've identified me to all posters, please have the courtesy to identify yourself.
P. S. When was the last time you saw a car(s???) parked on my "enormous" parking pad? And yes, it's legal. If you informed yourself on these issues, you would know that you can check at City Hall about the legalities of "pad parking" and know that the parking area of the pad is restricted in size & location. Cheers!

 

[voxpopulicosmicum]

I appreciate your concern Monty and Solaris, but my condo docs disclosure section - I'll quote it - from BY-LAW.4 (a) says "Each Unit in the Building shall be used for residential purposes and for any other lawful purpose."
Plazacorp is not scamming me and they can't force me to close on something they can't deliver.

I'm not sure about that. I could see an argument by Plazacorp that you signed the deal knowing the questions about residential use were unresolved and thus you are not entitled to rescind because the OMB result (assuming it comes out against Plazacorp) doesn't constitute a material change. Note that the clause says "residential purposes and ... any other lawful purpose".

I'm not saying you're wrong, but you may not be as safe as you think.

 

[Solaris]

It appears Artee is very confident in his/her purchase @ FFL ... that's why I've given up posting any further reminder notes/considerations (out of good deed) that FFL purchasers should look out for ...

 

[cdr108]

I appreciate your concern Monty and Solaris, but my condo docs disclosure section - I'll quote it - from BY-LAW.4 (a) says "Each Unit in the Building shall be used for residential purposes and for any other lawful purpose."
Plazacorp is not scamming me and they can't force me to close on something they can't deliver. I'm not worried.

As far as permit parking, the building will become eligible once its OK for residential. I called to City to verify. THey said only residential buildings get it and once its esidential I'm ok.

just don't come crying saying you weren't informed.

 

[voxpopulicosmicum]

just don't come crying saying you weren't informed.

Do we have bona fides on Artee? He seems to be very quick to assuage worries about this project. Not saying he's a shill, but if I were a Plazacorp shill, I would probably write what Artee has been writing.

Artee - no offence intended; just trying to protect the integrity of this anonymous internet message board (such as it is).

 

[cdr108]

I appreciate your concern Monty and Solaris, but my condo docs disclosure section - I'll quote it - from BY-LAW.4 (a) says "Each Unit in the Building shall be used for residential purposes and for any other lawful purpose."
Plazacorp is not scamming me and they can't force me to close on something they can't deliver. I'm not worried.

As far as permit parking, the building will become eligible once its OK for residential. I called to City to verify. THey said only residential buildings get it and once its esidential I'm ok.

Artee, I just re-read your disclosure BY-LAW.4 (a) ... "Each Unit in the Building shall be used for residential purposes and for any other lawful purpose."

That doesn't mean Plazacorp has to get the building registered as 'residential' ... read bold ... commercial is lawful purpose, even though it may not be your intended use to buy as residential.

Just in case you are not aware, 'commercial' owners/tenants are not eligible for permit parking by the City.

 

[Thesb]

cdr108 - I could see the validity of the argument if the by-law read "...OR for any other lawful purpose." Doesn't the "...shall be used for residential purposes and for any other lawful purposes" presuppose residential purposes as one of the stated uses? Not to get nitpicky, mind you

 

[Brahmos]

I bought last year and I bought my same unit this year. When I asked the manager about what happened last year I got a letter explaining that everything is expected to be totaly approved by the end of July and I would be eligible for a street parking permit.

Funny, that's the exact same story they told me when I bought last year. When I heard they were selling units without OMB approval I didn't even bother to go to the opening. Beautiful building, beautiful suites, shitty deal.

Caveat emptor indeed.

 

[monty76]

cdr108 - I could see the validity of the argument if the by-law read "...OR for any other lawful purpose." Doesn't the "...shall be used for residential purposes and for any other lawful purposes" presuppose residential purposes as one of the stated uses? Not to get nitpicky, mind you

The safest thing to do is to bring the agreement to the lawyer. He/she will know what to look for. Last year when i purchased my unit at FFL i brought the agreement to the lawyer and within 30 seconds he knew there was something wrong, the next day i rescinded my offer - a few weeks later the whole project was scrapped.

 

[Hank]

The by-law is pretty clear that the units shall be used for residential purposes. The only possible argument that the developer could make is that it says "and for any other lawful purpose", implying that the residential purpose must also be lawful (which it wouldn't be if it didn't get the right zoning).

I can't possibly see a court siding with the developer, though, if they try to argue that the by-law was restricted to only lawful residential purposes.

 

[voxpopulicosmicum]

cdr108 - I could see the validity of the argument if the by-law read "...OR for any other lawful purpose." Doesn't the "...shall be used for residential purposes and for any other lawful purposes" presuppose residential purposes as one of the stated uses? Not to get nitpicky, mind you

"Live/work zoning" would satisfy the language that the premises be used for "residential and" another lawful purpose, but I believe live/work is classified as commercial for property taxes, and perhaps for parking.

Once the cooling-off period expires, it's not much good taking the papers to a lawyer for an opinion.