Condo board has residents living in fear of legal letters, say overnight guests policed by board
CBC
Richelle Komes's first warning from management at her Mississauga, Ont., condominium came in February 2023.
The issue: Komes had allowed a visitor — her cousin — to stay overnight in her home, and park in her underground parking spot.
"[Y]our visitor appeared to be intoxicated which is [a] danger to the public safety and to the other residents in the building," read the letter from the condo's on-site manager.
Komes insists her cousin was not drunk. She also said her cousin was only in a public space while walking to her unit.
Komes said she wasn't aware of any visitor restrictions, and when she asked management for a copy of the rule, it wasn't provided.
The building does now have a visitor restriction in place, requiring permission from the property manager or board of directors for any guest staying overnight for more than one night per month. However, the rule didn't come into effect until July 2023 — five months after Komes's cousin came to visit.
"After I received that first letter in February, I felt scared and I felt alone. I didn't know what to do," said Komes, who bought her two-bedroom condo in 2022.
Those feelings have only escalated since then, she says.
She's one of more than a dozen owners at 135 Hillcrest Ave. who are raising concerns about how the building is run. Many say they fear harassment and intimidation from the condo's board and management, due to the condo corporation's frequent use of legal warnings, which the owners say serve to silence them.
CBC has reviewed legal letters sent to seven of those owners on behalf of the corporation over the past several years, for alleged issues ranging from harassment to violation of rules, spreading gossip, noise complaints and derogatory comments. In each case, the board also ordered the owner to pay for the legal costs associated with sending the letter to them.
Linda Pinizzotto, founder and CEO of the Condo Owners Association of Ontario (COA), a Toronto-based advocacy group, said disputes between owners and condo boards are unfortunately common, but that the number of issues at 135 Hillcrest sounds "extreme."
"The board needs to chill out, and remember the fact that they do represent the owners," said Pinizzotto.
While boards are tasked with protecting their condo corporation, she said, "that does not mean protect them by contacting a lawyer every time you turn around and sending out legal letters. It creates more adversity in the building."
Board president Ismael Jirby, building management and their lawyer have not responded to CBC's emails and phone calls.
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