Marina Del Rey Condominium $15 Lawsuits, Toronto


The Toronto Waterfront area can be a beautiful place to live. I thought all my dreams had come true when I moved in to my condominium 23 years ago. It has the most spectacular view of this city! However, I soon discovered that purchasing this property would become my biggest nightmare! I have now been homeless for 13 years!

This is a cautionary tale about what happens to a condo owner at Marina Del Rey Phase I, 2261 Lake Shore Blvd. W, who is forced to commence legal action in an effort to rebuild her home after years of continuous water flooding problems, mismanagement, neglect of duties, and bad faith displayed by insurance companies.

I have started this blog with the hope that I can provide help and encouragement to others who find themselves in a similar situation. Insurance companies and corporations have lots of money and lawyers to fight us. However, we have the power of the internet and the social media to connect, support each other, and exchange helpful information.

Saturday, 23 February 2013

Marina Del Rey Condo Ordered By City of Toronto to hire Engineer & Change Windows!

Folder #: 11 295819 PRS 00 IV

Metro Toronto Condominium Corporation No. 864
2261 Lakeshore Blvd.,
Etobicoke, Ontario M8V 3X1.

O R D E R
Issued pursuant to section 15.2(2) of
The Building Code Act, S.O. 1992, chapter 23, as amended.

October 20, 2011

Re:      2261 LAKE SHORE BLVD W 
            Legal Description: METRO TORONTO CONDO PLAN 864 LEVEL A UNIT 161 PKG
            Roll Number: 1919054013304010000
            City of Toronto

The above-described property, which is owned by you or in which you have an interest has been inspected by a Property Standards Officer.

The inspection revealed that in some respects the property does not conform with the standards prescribed by the Toronto Municipal Code, Chapter 629, Property Standards.
IT IS ORDERED THAT the repairs necessary to correct the defects set out in Schedule 'A' be carried out and the property brought to a condition of compliance with the prescribed standards on or before November 10, 2011.

Contacting the Investigating Officer
If you wish to speak to the officer directly you may do so in accordance with the contact information provided at the top of this document.  The best time to contact the officer is between 8:30 AM and 9:30 AM.

However, if you cannot call between these hours or have difficulty reaching the officer for any reason you may contact our Customer Response Centre at (416) 392-8700, Monday to Friday between the hours of 8:30 AM to 4:30 PM.

Appeal Procedure
YOU ARE ADVISED THAT if you are not satisfied with the terms or conditions of this Order you may appeal to the Property Standards Committee by sending a Notice of Appeal by registered mail to:

Property Standards Committee, Etobicoke York Panel, City Clerk's Office
Etobicoke Civic Centre
399 The West Mall
Toronto, ON  M9C 2Y2

on or before November 8, 2011, stating your grounds for appeal. A $250 fee is required (make certified cheque or money order payable to Treasurer, City of Toronto).

In the event that no appeal is taken, within the above prescribed period, the Order shall be deemed to be confirmed and shall be final and binding upon you, requiring you to comply with its Terms within the time and in the manner specified in the Order.

YOU ARE FURTHER ADVISED THAT all correspondence received and collected by the City of Toronto relating to an appeal is maintained for the purpose of creating a record that is available to the general public under section 27 of the Municipal Freedom of Information and Protection of Privacy Act.

WHERE IT HAS BEEN DETERMINED THAT, the necessary repairs or demolition have not been completed in accordance with this Order as confirmed or modified, in addition to any possible court action may be registered as a lien on the land and shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collectors roll and collected in the same manner and with the same priorities as municipal real property taxes.

IF AFTER REVIEWING THE CONTENT OF THIS ORDER, you are unclear as to the implications or requirements imposed on you as the property owner, you may contact the undersigned or the Customer Response Centre for clarification.






________________________________________
 Alistair Thomas
 Property Standards Officer
SCHEDULE 'A'

October 20, 2011

Re:      2261 LAKE SHORE BLVD W 
            Legal Description: METRO TORONTO CONDO PLAN 864 LEVEL A UNIT 161 PKG
            Roll Number: 1919054013304010000
            City of Toronto

The item(s) listed herein are in violation of the Toronto Municipal Code, Chapter 629, Property Standards.

ITEM
LOCATION
DEFECT
SECTION
1
Unit #916  East Side
Exterior window not maintained weather-tight.
21.A.(1)
2
Unit #916 East Side
Exterior window or skylight not maintained in good repair.
21.A.(3)


The above repairs to be completed based on Engineers Report Dated Sept 6 2011

Recommendations
Attempts can be made to improve the performance of the operable windows, at Suites
916 and SPH-4 (Master Bedroom) by a combination of maintenance repairs, including
but not limited to:
Replace glazing tape at single-glazed sashes
Replace weatherstripping
Alter sizes and spacing of drain holes
Re-seal joints in the track
Because the risk of leakage would likely not decrease significantly by these adjustments,
and because of the engineering costs to test and measure the improvements, we do not
recommend altering the existing windows. We recommend replacing the glass and
frames at the three window openings shown in Photo 3. New aluminum-framed windows
should be rated as follows:
Water Leakage Resistance: B4 or greater
Air Leakage Resistance at Fixed Windows: A2 or greater
Wind Load Resistance: C4 or greater
Following the window replacements at the three locations, performances should be
monitored during and immediately after severe wind driven rains, to confirm that no
leakage occurs through the window assemblies.

Additional requirement

Once the repairs/replacement is complete the Engineer who wrote the report is to attend and re-inspect the Window(s) in Unit #916 to confirm that work done is in accordance with recommendation based on his report.

**This Order has been issued since a reasonable time has passed since the Engineers Report dated Sept 6 2011. No work has been done nor has there been any communication with the City of Toronto to state when work is to be completed or if there will be any delays…
Additional Information You Need to Know About this Order

Method of Repair
All repairs and maintenance of property required by the standards prescribed by the Code shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for the purpose.  No person shall use, occupy, permit the use or occupancy of, rent, or offer to rent, any property that does not conform with the standards prescribed in this chapter.

Inspection Fees
Be advised that, in accordance with the Municipal Code Chapter 441 - Fees and Charges, Appendix C - Schedule 12, if compliance to this Order is not achieved as specified inspection fees will be charged for each inspection at a minimum rate of $94.00 for the first hour and $55.00 per hour (or part thereof) thereafter.  Chargeable inspections will be invoiced every 30 days.

Required Permits
Where a permit is required to undertake any repair required to conform with the standards as prescribed in this Order, it is the responsibility of the Owner to obtain any such permit.  Please contact your local Toronto Building Services office by calling 311.  In addition, information related to the requirements for a permit can also be found at http://www.toronto.ca/building/building_permits.htm.

Hiring Building Contractors/Trades People
As well, in those cases where building contractors or trades people are hired to conduct work at your property, be advised that building renovators and certain tradespersons require a City of Toronto business license to perform work within the City.  Please ensure that any contractor you may hire has the required license(s).  For further information you can contact: Municipal Licensing and Standards, Licensing Services, East York Civic Centre, 850 Coxwell Avenue, Third Floor, Toronto, ON M4C 5R1 (Licensing Services Call Centre: (416) 392-6700 or http://www.toronto.ca/

Management Confirmed a Problem with way Builder Installed Windows in 2003, Condensation on Ceilings due to Flooding

Sources of Water Leaks identified in 1998 President's Report





Documentary Film Maker Looking for Other People's Stories

Invitation to all Those with Condo Nightmare Stories:

I work with an award-winning film maker who is doing a documentary about Toronto condos.
We would love to talk to anybody who has had issues with their condo, or knows of any owners
in other high-profile glass or waterfront towers who may want to share their stories.
We won’t be filming for a few months, but hope to
include a lot of stories from Toronto when we film there.
Did you think you bought a dream home in a vertical village – but end up with something else?
We would love to hear from you.
Please pass this on to anybody you think may have a story to tell.
This film seeks to tell real people’s stories in an attempt examine the system
of development in Canada (from top to bottom).
We want to find ways to improve protections for buyers, reward responsible builders – and create liveable cities.
Thanks!
Yvette Brend
Bountiful Films
(604) 931-5225

Condo Still Wrecked! Documentary of my Struggle Is Being Filmed

Dear Friends,

Thank you to all the people who have read and posted on this blog.   I now realize that I am not the only one out there suffering in the hands of insurance companies, and those in charge of matters at a condominium building who have either puposely denied me my rights or simply neglected their duties, responsibilities, and obligations. 

Their excuse is: "It's in the lawyers' hands."  This is not good enough.  I shouldn't be made to suffer because lawyers are taking their time to sort things out and it takes a long time to get to trial.  They good mitigate damages by offering me money to rebuild my unit and respond to my maintenance requests - but instead they choose to ignore my plight.

It has been some time since I have posted on here, I have been suffering through major depression and illness due to the living conditions in my condominium unit.

I am happy to report that some documentary makers will be filming my story.  Because of their interest in my case, my desire to fight back has renewed and I will start posting details of what has transpired.
My condo no longer floods from the windows.  Thanks to the help I received from By-Law Enforcement Officers from the City Of Toronto building standards department.  They served my condo corporation with Orders to hire engineers to determine the sources of leaking + replace my windows.  If the City of Toronto had not intervened, I believe my windows would still be leaking.  In February 2012, brand new windows and frames were installed in my condo during a snowstorm and completed on the last day before the deadline given to my condo corporation by The City of Toronto.  I am happy to report that my windows no longer leak.  I will post photos of  the Engineers' Findings and the Window Installation process in other posts.

The condo Board of Directors has announced we are proceeding with a major redecoration project costing approximately $2 million dollars = almost our entire reserve fund.  I, along with a number or other concerned individuals have strenuously objected to the spending of our reserve fund on a cosmetic makeover of our building.  This is simply putting icing on a crumbling old cake. I will post photos of the way our lobby and common areas look now and compare with their new decorating concept drawings.

There continue to be problems with water pipes leaking in our building.  A number of concerned residents at Marina Del Rey believe that more pipes should be replaced on Ground Floor to Floor 7 and this is not scheduled until 2018.  Floor 8 and above had risers and shut off valves replaced in 2009 because there were so many problems with flooding and the condominium corporation was spending over $60,000 in drywall repairs - what does this translate into personal insurance claims for property damage?  I know that the drywall and paint were only a minor item on past insurance claims, the main part of the claim was flooring, kitchen, personal belongings. 

Many concerned residents believe that all of the pipes should have been replaced in 2009, not just the risers in the upper half of the building.  In November 2012, I was in my unit to have the smoke detector replaced when I heard over the superintedants radio that there was another water leak in a unit above me and he had to attend to the emergency - so the riser replacement has not solved the problem.  All the copper pipes should be replaced throughout the building. We believe it does not make sense to install new carpets and wall paper in hallways BEFORE changing the water pipes which involves cutting walls and ceiling open in common areas.

Some residents continue to experience water leaks and mold problems from the windows.  Instead of replacing windows, a contractor was hired to put extra caulking around the leaking windows.  From my personal experience, this did not stop the water leaking into my unit when it rained.  Replacing the defective and substandard windows did solve my problem in 2012.

 
Other residents, such as myself, are suffering from poor air quality due to inadequate air circulation and second hand smoke and mould.  The engineers testing my windows witnessed the second hand smoke problem in my unit in 2011, told me to keep my fan motor on at all times, and the condo corporation was forced to close some holes in my walls.  This solved the problem until my fan motor broke in October 2012.  My ventilation motor remains broken and the condo coporation refuses to replace it.  The ventilation fan motor is our condo corporation's responsibility according to the Declaration p. 17 and 18.  I repeatedly submit requests along with the highlighted section of our Declaration to management and the Board.  I am having respiratory problems and an ongoing cough since October 2012 when my ventilation fan motor broke.  I sleep with a face mask on. I wake up coughing up phlegm, sometimes sneeze so much there is blood.



I still have no kitchen, finished bathroom.  I can't cook food or take a shower. There is mould in my walls.  I can't relax in my condo or invite friends over.  My condo remains wrecked and unihabitable 

The $15 million lawsuits remain... the saga continues!

Stigmatized Properties


Would you buy a condo that has a history of flooding problems from leaking windows and pipes? The owner slipped and broke her arm on the sl

“stigmatized properties,” a blanket term used to describe homes with unfortunate histories that c...ould affect their market potential. Would you buy a house that was once a marijuana grow-op? A meth lab? A crack house? The site of a horrific murder or suicide?

http://www.thestar.com/news/gta/2013/02/22/would_you_buy_a_house_where_someone_was_murdered.html