Builder calculated wrong monthly common expenses ??? Help !!!


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smartalec   
Member since: Sep 04
Posts: 67
Location: Toronto

Post ID: #PID Posted on: 04-10-06 00:03:03

Hi,

I have a situation which I am not aware how to resolve. I currently own a condo which completed the closing process in February 2006. The contract which I signed with the builder mentioned that the building would have 119 units and the monthly common expenses was calculated based on the percentages mentioned at that time. We currently have a condominium corporation formed with its own directors too. Recently I received a letter from the builder saying that there was a mistake in calculating the montly common expense as the building had 110 units and based on the percentage calculation I will have to pay more as it is affecting its payments to the corporation. They mentioned that I will have to pay the difference from Feburary and from November onwards pay the condo corporation the new montly common expenses. All the official documents that they have made me sign have 119 units.

1) What action do I need to take ? As the the letter is addressed to me ?
a) Do I need to talk to the Directors of the Condo ?
b) Do I need to talk to my lawyers ?
c) Do I need to raise this to Tarion ?
d) Any other suggestions ?

Thanks in advance



Garvo Gujarati   
Member since: Nov 01
Posts: 3116
Location:

Post ID: #PID Posted on: 06-10-06 07:47:28


Isn't it a case of cheating? Because you made your decision based on the payment they mentioned and now they are changing it.

I am not an expert on these subjects but you have right to get out from the Condo and also get any other expense you have done doing so. Best thing is to contact the lawyer. Having said so, the expenses of the lawyers are suppose to be more than your condo fees. There are some community lawyers, so you can at least consult them and know what you can do. And again racism exists in Canada. If your builder is a big name, you might not get a good advise.


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A Proud Indian Canadian


smartalec   
Member since: Sep 04
Posts: 67
Location: Toronto

Post ID: #PID Posted on: 11-10-06 10:19:19

Thanks for the reply. I will take your advise and speak to the commuinty lawyer as you are right if I talk to the same layer who did the closing for me I will have to pay him the same amount I am paying the builder.

Let see what the community layers advise me.

Thanks again





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