Dear EC1 Residents,
As property management for Toronto Standard Condominium Corporation No. 2368 the management team from DEL Property Management Inc. was given a mandate to ensure that guidelines (rules, policies, etc.) are adhered to at 70 Forest Manor Road and we would like to be proactive in our efforts to educate residents and owners to avoid any misunderstanding pertaining to a specific rule or policy.
You may not be aware that your Board of Directors has a duty by law to enforce the governing documents of the Corporation, which management handles on their behalf. These documents are commonly known as the Condominium Act, Declaration, the Bylaws, and the Rules.
The Declaration and Bylaws are the Condominiums incorporating documents; they are the same documents provided to all purchasers. They cover subjects ranging from operation of administration, the Board, rights and responsibilities of owners and tenants, maintenance and repair and insurance coverage, etc.
Management uses this as our guide when addressing specific issues, concerns and breaches of the governing documents.
Your building’s guidelines (better known as the rules) are created for the safety, security and peaceful enjoyment that condominium residents expect and must be enforced. In an effort to ensure that residents are well-informed of the guidelines and policies (rules) and process of their enforcement, we will be providing regular communications on this subject matter.
A copy of your Emerald City One rules is included on the website. Copies of the other governing documents can be obtained from the Corporation’s website or by emailing management with a request for same.
The following steps illustrate the process which management generally adheres to regarding residents and their compliance with our governing documents and rules:
1. First Letter from Management –The first instance of a rule violation by an owner, tenant, resident or their invited guest(s) will usually result in a letter from the property management office highlighting the offending action and reference the specific passage from the governing documents that the action(s) are in contravention of. A request in regards to complying with the rules is provided in the letter. Sometimes the first instance of security responding to a complaint can also take the place of this step. Should the issue not be resolved, we move on to the next step.
2. Final Letter from Management –This second letter serves as a final notice to the owner, tenant, resident or their invited guest(s) that failure to comply with the previous request will result in further enforcement efforts by the Corporation’s lawyer at the cost that will be charged back to the suite owner. If compliance is not achieved, the matter is usually referred to the Corporation’s legal counsel.
3. Lawyer’s Enforcement Letter –At this stage of enforcement the matter is referred to the Corporation’s solicitor who will send a letter detailing the violations of the governing documents as well as the Corporation’s expectations in terms of compliance. The cost of this correspondence will be charged to the Unit Owner where the complaint originated from. This letter will generally provide information on the next enforcement steps - mediation, arbitration or to a court of proper jurisdiction - depending on the specific violation. Please note that the lawyer’s fee for issuing this type of letter will cost the Unit Owner as this is deemed as a chargeback. The approximate cost of one of these letters is about $500-$700.
4. Mediation, Arbitration or Superior Court – The final step in the enforcement process, if compliance is not achieved, is to obtain a court order. This generally involves attempting mediation and arbitration and/or proceeding directly to Superior Court under theCondominium Act, 1998.
Finally, our intention with providing this information is so that the vast majority of residents will understand the process that the Board and Management must follow to address any infraction. We strongly suggest that you spend a bit of time reviewing these governing documents – especially the rules - whether you’re new to the building or an original purchaser.
In the coming weeks, you will receive the occasional communication on the subject of specific guidelines as management tries to educate all residents of their existence and how to abide by them. Together we can ensure that condominium living is harmonious and enjoyable for all our residents.
Thanks very much for your cooperation and understand. If you have any questions regarding the governing documents or would like to communicate a specific complaint or disturbance, please feel free to reach out to your management team.
Andrew Canali, RCM