anamar
New Member
I don't think anyone will be moving in this week. I was supposed to move in tomorrow, but now am awaiting a new date.
Our Firm Occupancy Date (9th floor) was originally February 5th, 2020. We then received a notice for delayed occupancy on January 17, 2020, moving our date to February 25th, 2020. Then on February 12, 2020 we received a letter from the developer that our occupancy date is now unknown until further notice as the water main is still being worked on by the City.
I know other owners that have units on the 2nd, 3rd and 5th floors received the same notice as I did. They were all supposed to have moved in by today and are still waiting for a new date.
The developer advised that we were to receive an update within 2 weeks of the February 12th, 2020 notice, so we should hear something in the next few days.
I wish I had advice on what you should do in terms of giving notice, etc. I understand your hesitation though as I am currently in the situation you describe with all my stuff in storage and staying with family as our lease ended at the end of January.
See below the notices we have received to date regarding our "delayed occupancy":
January 17, 2020 Notice
Further to our letter of January 17th, 2020 (a copy of which is attached hereto) advising you of the Occupancy Delay, our letter did not provide that issue has arisen by an Unavoidable Delay as a result of the condition of the existing City of Toronto water mains that provide service to the building. A section City's existing water mains, has excess build up, rendering a reduced flow that cannot provide the pressure required to the condominium, should a fire occur. The Vendor became aware of the issue on January 16th, 2020. The City is aware of the issue and may have to repair or replace the affected section of water main in order to allow for proper water flow and pressure. The Vendor is working diligently with the City to ascertain a timeframe as to when the City can complete its work so that Unavoidable Delay will end and the Unit can be occupied. The City has indicated it will be approximately 4 to 5 weeks. Therefore the Vendor has no choice but to send notice of an Unavoidable Delay, causing an extension to your occupancy date. Based on the timeframe given by the City, your occupancy date will be February 25, 2020.
Pursuant to Paragraph 4 & 5 of Schedule "X" of your Agreement of Purchase and Sale in accordance with the TARION Addendum, we hereby advise that the Vendor wishes to extend the Critical Dates (as define in the TARION Addendum) on account of the Unavoidable Delay described above. The means that your new Firm Occupancy Date, as of the date hereof is February 25, 2020. All other terms of the Agreement shall remain the same and time shall continue to be of the essence.
February 12, 2020 Notice
Further to our recent correspondence wherein we had advised on behalf of the Vendor that an Unavoidable Delay has occurred, we have been advised that the Unavoidable Delay continues to be ongoing, and that although the correspondence provided an anticipated Occupancy Date, we have been advised by the Vendor that unfortunately this date will not be achievable.
As many of you have already completed your PDIs, you are aware that many of the suites are move-in ready.
It should be noted that the Vendor has been advised that a solution is imminent and therefore the Vendor hopes to be able to provide you with your revised Occupancy Date within the next two weeks. As this Unavoidable Delay is completely out of the control of the Vendor, once the Unavoidable Delay has ended, in accordance with the Agreement of Purchase of Sale including the Tarion Addendum, we will send out notice advising you that the Unavoidable Delay has ended and provide you with your revised Occupancy Date.
As soon as the matter at hand is resolved, occupancies can begin.
