So 3 years ago an individual in our condo got himself elected to the "board" which has no authority but assumes power. In office he convinced the administrator to double my condo fees. I had been paying an established rate for 5 years - but this individual stated my titles said that I owed more.
Note our bylaws do not stipulate we pay by titled square meters but by meter and as my apartment was not built to the condo constitution description which states I have 6 apartments - I only have a 3 bedroom - I figured this was a prearranged agreement. And for 5 years continued to pay at the established rate.
So the condo started billing me for double my meters and then they slapped a 5 year backpayment on me including interest fees and penalties. I continued to pay at the old rate until someone could explain how this was legal. Then last year the Admin refused to accept my regular payments and put my condo in the embargo process. The AGM authorized the embargo because the individual who initiated the whole fiasco had most of the proxy votes. There were no accounts presented or justification for the debt.
The situation is made even more ridiculous by the fact that another apartment holder has assumed the entire area covering the roof of my condo but he only pays for the small space of his actual apartment. Many other owners have also assumed large tracts of common property and only pay for their apartment space. So for some reason I have been singled out.
Anyway last year the administrator got deported and we got a new administrator and although he seems a reasonable guy he says he can not stop the embargo as the condo is strapped for cash and wants the money. In addition the condo lawyer has a special power of attorney that lets him do what he likes and the lawyer wants to sell my apartment so he gets his percentage fee.
My lawyer has tried countless times to have an injunction placed on the embargo and have it dismissed but the courts are not listening and state that the condo AGM agreed to the embargo so it is going to happen.
My only recourse according to my lawyer is to the sue the Condo after my apartment is sold. I find this ludicrous!
So here are my questions
- how can the condo embargo all my titles when I was paying half the fees which should have covered half my titles?
- how can the condo randomly change an established rate?
- is it common practice that no-one pays maintenance fees for common property they have assumed (without permission I might add)?
- what rights and recourse do I have besides losing my apartment and suing (which will take years)?
- if my apartment was not build as stated in the constitution then isn't the condo at fault for not changing the constitution to match the construction?
If anyone has any answers it would be much appreciated. Sorry for the lengthy post.
Note our bylaws do not stipulate we pay by titled square meters but by meter and as my apartment was not built to the condo constitution description which states I have 6 apartments - I only have a 3 bedroom - I figured this was a prearranged agreement. And for 5 years continued to pay at the established rate.
So the condo started billing me for double my meters and then they slapped a 5 year backpayment on me including interest fees and penalties. I continued to pay at the old rate until someone could explain how this was legal. Then last year the Admin refused to accept my regular payments and put my condo in the embargo process. The AGM authorized the embargo because the individual who initiated the whole fiasco had most of the proxy votes. There were no accounts presented or justification for the debt.
The situation is made even more ridiculous by the fact that another apartment holder has assumed the entire area covering the roof of my condo but he only pays for the small space of his actual apartment. Many other owners have also assumed large tracts of common property and only pay for their apartment space. So for some reason I have been singled out.
Anyway last year the administrator got deported and we got a new administrator and although he seems a reasonable guy he says he can not stop the embargo as the condo is strapped for cash and wants the money. In addition the condo lawyer has a special power of attorney that lets him do what he likes and the lawyer wants to sell my apartment so he gets his percentage fee.
My lawyer has tried countless times to have an injunction placed on the embargo and have it dismissed but the courts are not listening and state that the condo AGM agreed to the embargo so it is going to happen.
My only recourse according to my lawyer is to the sue the Condo after my apartment is sold. I find this ludicrous!
So here are my questions
- how can the condo embargo all my titles when I was paying half the fees which should have covered half my titles?
- how can the condo randomly change an established rate?
- is it common practice that no-one pays maintenance fees for common property they have assumed (without permission I might add)?
- what rights and recourse do I have besides losing my apartment and suing (which will take years)?
- if my apartment was not build as stated in the constitution then isn't the condo at fault for not changing the constitution to match the construction?
If anyone has any answers it would be much appreciated. Sorry for the lengthy post.