S O L A C E

In The Snow

In Snow

The Dirt Behind Inspections & Other Matters

One would think that our Property Manager would be busily writing up Work Orders from the numerous inspections which have recently taken place, but members have received yet another demand for information with a submission deadline of December 19, 2013.  Members must fill out the composition of their households, vehicle information and pet information.  The Property Manager means business.  Highlighted in yellow the form states:

**FILL ENTIRE FORM**

*** YOU MUST ATTACH PROOF OF CONTENT/HOME INSURANCE TO THE FORM AS PER THE OCUPANCY BYLAW***

PROVIDE PROOF OF INSURANCE WITH FORM (Vehicle)

PROVIDE PROOF OF VACCINATION WITH FORM (Pets)

The back of form requires dates of birth for people living in the unit.  Another paragraph reads:

I/We agree to give prompt written notice of any change in my/our household size or the persons who make up the household.  This includes any long-term guests and sub-occupants.

There are 8 signature lines to this attestation.

Members filled out a similar form less than a year ago, only the demand for 'proof' was not required.

It would seem like the Property Manager is practising due diligence in tracking all this information, but that is not the case.  This information gathering exercise is merely to target only choice members.  The Board member's half a dozen cats will be free to roam unimpeded by regulations, but failing to provide proof will allow the Property Manager to hand deliver Notices of Hearing to other select members.

Members have recently received Notices of Entry for a Pest Control Inspection and a separate Annual Unit Inspection.  The Property Manager accompanied the unit inspector in units where members had been previously targeted for eviction and in our case, because of our Human Rights case against the co-op.  Again this was an intimidation tactic employed by our Property Manager.  If the member dares to complain, they will receive a letter from the co-op's lawyer denying any wrong doing on the part of the Property Manager and attesting to her impeccable reputation.  And to drive all this nonsense, targeted members receive letters of reprimand from the Property Manager stating how the Board of Directors deems them to be in a serious breach of the co-op's bylaws.

The scheme to downsize overhoused subsidized members into 'as is' units is not a cost-saving measure - it is because our Human Rights action is going to a Hearing based on the condition of the unit we were downsized to and the timing of the move. This is a devious manipulation of the by-laws and abuse of members.

A DO-IT-YOURSELFER

An overhoused member recently received a notice to downsize to a two bedroom unit.  The 'offer' comes with a unique twist. The letter states that the member must accept the unit "as is", that the co-op will NOT paint the unit, nor have it professionally cleaned - the co-op, however, will provide paint to the member.  The member was then advised that her present unit must be "prepared" as per the "maintenance and move out by-law". 

What the letter does NOT say is that forcing a member to paint the unit they are being downsized to goes completely against the Maintenance & Improvments By-law No. 22.

The member will have to prepare all walls in the downsized unit for paint application, including patching and sanding.  The member will be responsible for removing old caulking around kitchen and bathroom counters and replacing same once the painting has been completed.  The member will have to create a scaffolding device to paint the very high walls going up the flight of stairs, as well as painting all the ceilings.
 
As the member will be accepting the unit "as is", the member most likely will inherit 25 year old carpets and will pay to have them steam cleaned.  The letter stated that the co-op "will conduct repairs as usual" - dripping taps and the like. 

The unit the member vacated will be professionally cleaned, painted by the co-op using special paint for the bathroom and kitchen, repaired, upgraded with new flooring - all to accommodate full-fee members. 

This is appalling discrimination against subsidized, possibly disabled and/or elderly members, and demonstrates an extreme abuse of power by the co-op's Property Manager.

The Board of Directors, which defers to the Property Manager at all times, will manipulate the goings-on by stating that this new tactic will allow money to be diverted to window replacement, etc. and will advise the targeted member to call upon other co-op members to help them paint, clean, remove debris and learn to accept their fate "as is". 
 

CONDO CRUNCH

http://www.cbc.ca/doczone/episodes/the-condo-game

We Are The Co-op

Raucous meeting of City Park Co-operative in Toronto:

http://www.youtube.com/watch?v=BSA8bMtOJJc 

BILL 14 - Royal Assent

http://www.nlstoronto.org/3/post/2013/11/new-co-op-housing-laws-less-than-meets-the-eye.html

2 X 2 - The Concept

Over the past month the co-op has attempted to evict members of two units.  The streamlined approach allowed for two separate time-frame votes.  All went according to plan, except for the questionable handling of the envelopes with the tallied results - they might have been switched. 

This will probably be the last eviction process before the members as Bill 14 will soon be in effect.  The Property Manager will then be able to go before the Landlord Tenant Board (co-op sector division) with unlimited evictions in hand and seal the deal.  

Not fully satisfied with merely evicting people, the Property Manager will acquire a No Trespassing or Restraining Order barring the member from setting foot back on co-op property.

Not fully satisfied with that, the Property Manager will then charge back $5,000. up to an unlimited amount of money for fictitious damages to the unit and ruin a member's credit rating.

Not fully satisfied with that, the Property Manager will attempt to  blacklist a person from living elsewhere.

Not fully satisfied with that, the Property Manager will then seek out other victims to destroy.

2 x 2 - The Concept.

NEXT?

ANNUAL INSPECTIONS - PART II

A notice was delivered to members on the weekend informing us that changing batteries in smoke detectors is MANDATORY when the clock changes back to Standard Time and that they will be inspected when Unit Inspections start on November 4th.  I wonder how Property Management will be able to determine whether you did or did not change the batteries as ordered.

More precise notices of inspection are being delved out.  Whether members are home or not, their units are going to be inspected between the hours of 8:00 a.m. and 6:00 p.m. - no alternative dates will be made and that photos may be taken.  I can assure you that Board Members will not have to adhere to this strict protocol if their units are inspected at all.  

If any Work Orders are generated because of the inspections, you can bet that some members will be charged back - for squirrels in walls, wear and tear of 15 yr. old carpets, bathroom taps, worn out counters ...

ANNUAL INSPECTIONS - PART I

Several members in our co-op received notices on the weekend that their units will undergo an Annual Inspection as early as Monday.  This is an anomaly in that we haven't had 'Annual Inspections' for years. It is not yet known whether ALL units will be inspected.

The inspection will proceed whether members are home or not and there will be no accommodation for time changes. A maintenance contractor and Property Management will enter each unit and photos will be taken at their discretion.  A plate of left over macroni, dirty laundry, unmade beds, kitty litter boxes, medicines, wall hangings, furniture decor  - could all be featured in the unit's photo op. 

I'm quite sure that I have already undergone such scrutiny.  A co-op owned dehumidifier was placed in our basement on a Wednesday.  The notice stated that it would be removed two days later. On Friday the Property Manager came by. I asked her when she was descending the basement stairs if she was going to haul it away herself.  She stated that the co-op had decided to leave it there.  I assumed that she was merely going downstairs to get a digital read out of the humidity level, so I went about my business upstairs.  The Property Manager remained in our basement for at least 5 mins.  I am now of the very strong opinion that she spent her time taking photos in my basement.  We have a Human Rights action against the co-op.  One of the issues was the state of the basement upon move in and it's continued deterioration.  I took photos of this unit when it was 'unoccupied'.  Of course, I will never know for sure whether she took photos when I was not present, nor will members ever know whether the co-op took photographs in their units.
 

MEDIATION

On a human scale ...

A very good time was had by co-op Board Members and at least one other.  And why not?  They were on the co-op's dime - perhaps dining, taxis and besides - it was all very entertaining for them.  There is absolutely no incentive on the part of the co-op to mediate, after all they have the power, the money and access to the co-op's lawyer.  

Parties have to sign a Confidentiality Agreement.  As no agreement was arrived at, our basement continues to reek - the air quality is absolutely terrible. You see the issue is not about the basement at all - it is about US.   If we were to vacate our unit, the co-op would bend over backwards to repair the basement.  In fact, it seems like the co-op is hoping the STENCH will drive us away.

Today was a jolly good forerunner to the implementation of Bill 14.  The Mediation was held at the Landlord Tenant Board. This is where co-op evictions will be handled - little rooms with round tables - parties separated - co-op Board Members and/or Property Manager represented by co-op lawyers - a winning combination.

We go forward to a Hearing. 

CRACKDOWN

A notice was delivered to members on October 21, 2013 informing us that a pest control technician will be entering all units to look for signs of cockroaches, bed bugs, etc., and rodents.

The person will be inspecting all drawers and cupboards throughout the units, as well as looking "under mattress covers, on bed posts and in the basement".

The first units were to be inspected on Tuesday, October 22, 2013 - one day after receiving this notice.  The notice stated that this was 'sufficient' notice - if the members are not home, the co-op will be entering the unit - to go through all one's stuff.

Aside from being extremely intrusive, the technician could very well transfer bugs from one unit to another.  All dogs and cats must be on their very best behaviour to allow this 'guest' into their homes.
 

THE INSPECTION - PART IV

The undated inspection report literally whitewashed any purported problems with our basement, or anywhere else in our unit.  The 15% humidity levels in the drywall throughout the unit were considered high, but apparently not too high. A small Danby dehumidifer was placed in our basement to contend with the humidity.  The report did not address the Indoor Air Quality (IAQ) in our unit.  No mention was made about the pungent odour emanating from our basement.

The musty stench coming from our basement is overwhelming, nauseating and is affecting our health and well being.  We will be contacting health inspectors and/or air quality specialists to deal with this problem.

TIES

A few weeks ago my husband contacted a foundation repair company to assess our unit.  This is the same company which had repaired the basement in the unit we used to live in.  The owner of the company stated that he has been in business for over 30 years and would like to remain in business for another 30 years.  We got the message.

Ottawa Citizen Story - Mold

This floor slab problem sounds very familiar.  The floor slab in our unit though is a mere convenience - a floor covering - according to the inspector's report.  He goes on to say that there is nothing that can be done because it's not a foundation problem.

We continue to breathe in toxic air.  

http://www.ottawacitizen.com/Adami+Mould+basement+Ottawa+housing+agrees+move+family/8713165/story.html

THE INSPECTION - PART III

A month after moving into this unit in October, 2010, we experienced a deluge of water pouring through the upstairs bathroom ceiling fan.  After cleaning up this mess, my husband pierced a small hole in the plastic cover of the ceiling fan to redirect any water leakage into a plastic container.  We immediately reported the problem to the co-op.  The Office Co-ordinator assured us that the maintenance man would come by to investigate  — he never did.

On August 17, 2013 the housing inspector assessed the situation via the attic access panel.  Here is his report:

Bathroom exhaust fan duct work has insulation.  The insulation has fallen off.  Condensation inside the duct work is a possibility running down inside the fan which would leak on the toilet.

The exhaust fan duct is directed towards the outside but is not directly vented outside.  This was how the duct was installed upon construction.  The weather hood has a flap that is supposed to open by the exhaust air.  It is not directly connected so the pressure is not strong enough to push the flap open.  That being said, no ill effects.

Recommendation - pull insulation back up the exhaust fan duct or replace with insulated wrap.

We run the bathroom fan for hours after we shower.  There was no mention of black mold in the inspection report.  I find that peculiar because for all these years bathroom humidity exiting through the fan has been going — well — nowhere.  

In July, 2011 a maintenance man checked our upstairs toilet and stated that he would like to install a low-flush toilet with a Styrofoam tank liner to help decrease the sweating on the tank which would drip to the floor.  The co-op didn't follow through.

On November 2, 2011 I forwarded a list of work orders to our Property Manager, which I had resent to the office on August 23, 2011 and on September 13, 2011, containing a work order for the toilet.  We did not hear back from the co-op.

On June 17, 2013, a co-op maintenance man checked our toilet and noted that the fill-valve mechanism was getting stuck and wrote up a work order.  We never heard back from the co-op.

We have staining on the kitchen ceiling underneath the bathroom.  The Property Manager who attended the inspection quickly turned to me and said that our toilet was leaking - that our toilet wasn't caulked.  The inspection report stated that there's a possibility that the seal for the toilet needed replacing.

There have been two bathwall replacements in this unit over the years.  The downstairs ceiling has been opened numerable times as there is no stucco in certain places and rough patching in others.  The ceramic floor which was installed in the bathroom over ten years ago was never sealed.  The grouting between the tiles is cracking and in some places chunks are missing.

The only maintenance that was done in the bathroom before we moved in was a new bathroom sink and that was after we sent the co-op a photo of the massively corroded old sink. 

Perhaps the co-op should look into proper maintenance of their units.  We wait ...

THE INSPECTION - PART II

My husband wrote the above signs on our basement walls not only for us, but for members who will occupy the unit at a later date.  The dryer vent had never been cleaned out prior to our occupancy of this unit; we do this on a regular basis.  We slip the corrugated pipe into our dryer vent and when cleaning time comes, we can readily access this pipe.  This is what slipped out of place when the inspector looked behind the dryer with his flashlight.  Each time I turn on the dryer, this pipe kick starts with air flow within inches from my face.

Three units which have sump pumps have been excavated and proper drainage tiles put into place.  These units did not have cracks in the foundation walls.  Plans are underway to excavate a fourth unit which has a sump pump - again, not because of cracks in the walls, but because of a few cracks in the floor slab.  We have a sump pump in our unit - we have cracks all over the floor slab, some so deep, they are crevices. 

There is no mention in the report of the toxic stench of mold emanating from our basement.   The noxious odour leaves one gasping for air  - yet - our floor slab is a mere convenience - just a floor covering, as the report says, and nothing can be done about it.

Why is this all happening?  Because we have a Human Rights case before the co-op.  The Adjudicator has allowed our case to go forward based on the timing of the forced downsizing and the state of the unit.  The unit according to the co-op has no basement problem - just a little problem with humidity and all of that could be alleviated if I would just connect our dyer vent.   We will endeavour to address our Human Rights case at a Mediation Session set for November 1, 2013.  

The undated inspection report arrived just in time — for the co-op.

 

THE INSPECTION - PART I

 Cracks like these cover our entire basement floor

Today we finally received the report of an inspection of our unit conducted on August 14, 2013.  The report is undated and paints a very rosy picture for the co-op.

The photos shown above are mere cosmetic blemishes according to the report:

The water table can come up and you may see seepage through the cracks, but the slab is not reparable in any way. The slab is not considered foundation.  It is put in for convenience, flooring. 

The report states that the humidity in our basement is mostly caused by our dryer vent, which according to the inspector was unattached.  We did not tape the corrugated pipe to the dryer vent connection as we dutifully clean out the pipes every few months.  The vents had never been cleaned out until we moved into this unit.  The pipe fell out of position when the inspector looked behind our dryer.  The pipe was not disconnected prior to the inspection as I can easily detect a 'wet' clothes smell.

Members of this co-op were overwhelmed with the basement stench and emphatically stated that it was not a 'dryer' smell.  All of them complained of ensuing headaches and couldn't get over the fact that we were living in such a toxic environment.

The moisture level on all three levels in our unit measure 15%, which is considered high.

The recommendation is to 'place a permanent dehumidifier in the unit'.

The company which did the home inspection is the same company  replacing outside decks in our co-op and benefiting from other general maintenance jobs in our co-op.

A Montreal Story

http://coolopolis.blogspot.ca/2012/11/housing-co-ops-and-why-they-fail.html

The answer does not necessarily lie in hiring Property Management - it's oversight on a higher level that is required.

Section 95 Refinancing

http://www.chfcanada.coop/eng/pages2007/refinancing.asp

Hefty CMHC Penalty

This is an older article - I don't know if there have been any updates.

http://www.winnipegfreepress.com/local/housing-co-op-blasts-ottawa-169880826.html 

Underground Bike Parking - Tokyo

http://www.youtube.com/watch_popup?v=pcZSU40RBrg

FINES, PARTICIPATION & YOU

Two By-law amendments were delivered to members towards the end of August.  Included in the package was a memo from our Property Manager attaching yet another document of sorts - a Co-op Participation Registration Sheet.  It stated that the 'Mandatory Completion Deadline For Submission' was August 30, 2013.  I only opened up the package the day before and seeing that I needed time to think about what participation category I would like, I haven't yet filled in the form.

Upon reading the Participation By-law No. 14, there is no mention of how many hours a member should contribute to the co-op each month, although it has always been assumed that it was four (4) hours.  

Article 2.02 states in part:

While participation is compulsory, as far as possible the actual areas of assistance will be voluntary, based on members' preferences and abilities.

This is an oxymoron to me - we are going to force you to participate and this will serve as your volunteer hours.

Article 3 of the Participation By-law states that a Member Involvement Committee:

...'will establish procedures for monitoring and evaluating the Co-op's participation requirements, the current participation of members and the Co-op's program for facilitating member participation.

Having lived in this co-op for 23 years, I remember there being a Member Involvement Committee, but I haven't a clue as to what they did or accomplished.  As a non-stop volunteer, I was never asked to hand in a participation slip.  I wish I had done so as this would provide further proof that all my participation hours were for naught. 

The Memo dated August 21, 2013 stated that members must now volunteer only 2 hours (per month).  Many of the new sign-up Committees are being resurrected from before the co-op's Financial Solvency By-law # 31.  They are as follows:

Board of Directors
Welcoming, Membership and Education
Neighbourhood Watch and Security
Communication/Newsletter/Website
Social & Recreation
Diversity
Blocks/Participation
Policy and Procedures, Bylaw Review
Landscaping/Gardening/Lawn care
Other (Be specific)  

Both By-law 16 (Parking By-law)  and By-law 26 (Feeding Animals and Wildlife) have monetary consequences should members violate same.  For infractions of the Parking By-law, members will first receive a written warning.  Members will be fined $50. for the second violation 'and the vehicle will be towed at the owner's expense'. The offending member will be fined $100. for the third  infraction, and 'the vehicle will be towed at the owner's expense as well as a notice to appear before the Board will be issued'.

Members who violate the DO NOT FEED By-law will not have to endure $100. fines  (they only go up to $50.), but will have to appear before the Board of Directors and this could include The Aspiring Nut's owner.

Seeing that there will be a Blocks/Participation Committee, fines for non-participation will soon ensue.  And who will suffer the wrath of management's crackdown on non-participants - subsidized members.  The purpose of instituting fines is to create a sledge hammer to pound vulnerable members into submission.

 

The Aspiring Nut

 

 

I lie in wait.  It is not my choice.  The lady of the house doesn't quite know what to do with me.  It's been this way for quite a while now. Her son bought me.  You see I'm part of a package of peanuts.  He ate most of them - even threw some to the squirrels.  He's gone now and here I am left with a bunch of other nuts.  I don't know how they are feeling, but I want a triumphant end to my being.

 

The co-op where I live has created a Do Not Feed Wildlife By-law.  My owner is afraid of being found out should she toss me to the wind.  She's wondering if she should create a hole in her pocket and let me drop inconspicuously to the ground.  Of course, I wouldn't want her to do that - just for me.  She was even wondering if she should paint me like a cigarette butt, but I'm too curvy for that.  I mean I understand her dilemma and I am taking up counter space.  Thank goodness though that she's decided she's not going to throw me into the compost bucket - that would be a very unkindly act indeed. 

 

My shell is softening as I speak.  I still have a woodsy feel to the touch, but I'm cracking like crazy.  People say that she could get rid of me by disposing of me in the park.  The park is a rather barren place and it definitely doesn't feel like home.  I'm afraid that I won't be able to hang around much longer and be of use to anyone.  You see my owner likes cashews and almonds, not unsalted peanuts in a shell, like me.  There doesn't seem to be a solution, unless someone reads this message and decides that I'm a delectable treat after all. 

 

With great anticipation I await my fate ...

Condo Board Consequences

A very informative link sent to me by a reader of my blog:

http://www.cohenhighley.com/class-actions/middlesex-condominium-corporation-232/

BILL 14 UPDATE

This extremely important link was forwarded to me by a follower of my blog:

http://www.nlstoronto.org/3/post/2013/06/co-operative-housing-eviction-and-rent-geared-to-income-rgi-subsidies.html

This does not bode well for co-op members.  Members will not be able to challenge incorrect subsidy calculations, or retraction of their subsidies, at the Landlord Tenant Board (LTB). Members will not be able to contest phoney fines at the LTB.  The co-op could inflict arrears on a member and, with certainty,  evict the pesky member in a flash.

This will be turnstile evictions and as I've said before victims will be piling up at the gates.

EXPENSIVE TASTE!

http://www.therecord.com/news-story/3906012-case-of-stolen-grape-juice-could-cost-the-region-25-000/

RULERS

Sad to say a rather outrageous follow up to my blog post RULES RULE.

http://www.ottawacitizen.com/news/Hugh+Adami+Disabled+woman+still+lives+fear+eviction/8789182/story.html

How to Dehumidify

Today we finally received a reply to our numerous letters to the office regarding the high humidity levels in our unit.  Our letters also asked the co-op to address the poor air quality in our unit due to the dankness and mold odors emanating from our severely cracked basement floor slab.  Our Property Manager chose only to address our humidity concerns in the following rude and intimidating letter, typos included:

*****

This will serve as our notice of entry for a humidity inspection.

We will be entering your unit on Wednesday, August 14, 2013 between 8:00 am and 5:00pm.

A de-humidifier will be installed and the inspector will return on Friday, August 16, 2013 between 8:00 am and 5:00pm to remove the de-humidifier and to inspect the humudity levels.

You will not be permitted to adjust, tamper or remove the de-humidifyer.  If you have concerns about the operation of the dehumidifier, you must notify the office immediately or contact the after hours emergency line at XXXX.

Should you have any questions or concerns, do not hesitate to contact the office by email or in writing.

*****

I do have concerns.  Who are 'we'?  Will the Property Manager be accompanying the inspector?  Will it be a Board member or two?  What are they going to inspect?  Will they be going from room to room? Will there be a running commentary?  It is all confusing to me because never before have I been told not to touch, tamper with or remove a dehumidifier.  I might get a bit curious, so I'm really relieved that it will only be here for two (2) days.  I wonder if there are any on-line courses as to how NOT to touch a dehumidifier. 

One thing though is very clear - our Property Manager sure knows how to write demeaning letters.

FREEDOM 55

A real estate company recently advertised one of their luxurious apartment properties in the following way:

No Condo Fees
No Property Taxes
or Heating Bills

No Condo Meetings
No Committees
Let Someone Else Worry About the Maintenance

Hassle free luxury urban living without complications of ownership

Reversed psychology at it's best.

THE MINUTES

I did not attend the All Members Meeting on January 16, 2013, however, I did attempt to read the Minutes.  The Property Manager presented a slide show of the playground build.  The Minutes stated that "monies raised in excess for the playground can be used for beautifying the area".  To date the co-op has not been beautified in any aspect.

The Property Manager facilitated a process called Dotmocracy to determine in which order repairs to the co-op would be done.  The results are as follows:

27  Windows
9    Furnaces
6    By-law review
6    Lighting
3    Snow removal
2    Fences
2    Balconies
2    Potholes
2    Gutters
1    Roofs
1    Drainage
1    Tree Trimming
1    Snow removal (City)
1    Flooring
0    Sheds
0    Siding
0    Outside Taps P2
0    Signage
0    Parking

This is not a professional approach to Long Range Planning.  I suppose members are taking note that perhaps their windows should be changed as was the past President's a few years ago.  If the repairs are implemented as rated in this game, leaking roofs will likely remain leaky until the By-law Review has been completed.

The Property Manager then gave a rambling, completely incomprehensible overview of the budget process.  At one point it was stated that a 'water bill should never be more than $100.00'.  Does that pertain to 2, 3 or 4 bedroom units?  Does it take into account how many people live in unit?  Most water taps are shared between two units.  Installing individual water taps has been an on-going discussion for the 23 years we've lived in this co-op.

The Property Manager stated that the 'Administration schedule went down by $7,000.00'.  What's an Administration schedule?

A Resolution was passed that 'the minimum housing charge for Phase 1 be set to the maximum shelter allowance of Ontario Works or 35% of the household income, whichever is greater.

I suggested that 35% of income for subsidized members in Phase 1 be lowered back down to 30% in line with Phase 2 now that the 3-year semi takeover had ended.   A member piped up that City Living charges 35% of one's income for rent.  That is incorrect - Ottawa Community Housing and City Living both charge 30%.

The Property Manager stated that it is up to the co-op to decide how much to charge subsidized members.  Given that fact, members could inevitably be charged up to 99.9% for subsidized housing.

And with that the Minutes of January 16, 2013 were duly approved and recorded as accurate - for the record.

THE ELECTION

Included in the Annual General Meeting package was the following:

Directors Term of Office

a) Section 90 of the ACT provides the details governing the Term's of Office for Directors:

* The Election of Directors shall take place yearly or at such other interval NOT EXCEEDING FOUR (4) years as is provided by the "Articles", and all Directors then in Office shall "retire", BUT ARE ELIGIBLE FOR RE-ELECTION. (REF: Section 90 (2) of the ACT)

Section 90 (2) of the ACT actually states:

The election of directors shall take place yearly or at such other interval not exceeding five years as is provided by the articles and all the directors then in office shall retire, but are eligible for re-election.

Another inclusion from the Co-op states:

*The "Articles" or By-laws may provide for the election and retirement of Directors in rotation, but in that case no Director shall be elected for a term of more than four (4) years and at least two Directors shall retire from Office in each year. (REF:  Section 90 (4) of the ACT)

Section 90 (4) actually states:

The articles or by-laws may provide for the election and retirement of directors in rotation, but in that case no director shall be elected for a term of more than five years and at least two directors shall retire from office in each year.

If the Co-op is going to quote the Co-operative Corporations Act, then quote it.  Don't make things up.

Another inclusion by the Co-op states:

(b) Any qualified Member of [Co-op] may run or rerun as the case may be, without any mandatory waiting period, as is consistent with the "Volunteer Principles" of the Co-operative Movement and with the Provisions of Section 90 of the ACT.  Refer to ARTICLE 10.00 on the Members' Right to Remove any Director before the end of the Elected Term.

There is no Article 10 in our By-laws.

Article 5.11 TERMINATION OF DIRECTORS states:

(b) The Members may, by resolution  passed by a majority  of votes cast at a general meeting, remove any Director ... 

(c) The Board may remove a director from Office ... 

Article 10 in The Co-operative Corporations Act does not pertain to removal of Directors.

Nominations for the Board of Directors then ensued. 

A Board member who wished to stand for re-election was not present.  The Board member's email messages were read to the membership from a cell phone.  This was indeed very strange - since the inception of the co-op members had to be present, in person, to be eligible for election to the Board of Directors. 

Members were shrilled to silence when the member writing on the flip chart decided to let out a gigantic whistle like the kind I learned to do in Grade 7.  Perhaps this 4-fingers in the mouth method will replace the gavel.  No doubt there's an opportunity for her on the horizon.

A member asked a Board member a question - hadn't she been on the Board for about 6 years?  The Property Manager quickly interjected by saying that the Board member is serving out her two-year term and completely obliterated the fact that this Board member had sat on the Board of Directors for 3 years along with the external Board Members when we were under going our 3-year semi-take over.  In all this Board member will have been on the Board of Directors for 5 straight years by the time her term is over.  No problem though because members can now immediately run for election again.  Prior to this revelation, Board members had to retire for a year before running again.

It's all in how you play the game ...

BY-LAWS 16 - ENACTED - PART II

The second By-law 16 which was adopted is the Parking By-law.  An Officer of sorts, being either the Property Manager or a Director of the Board, will have more authority to ensure that vehicles will be towed if need be.  It was stated at the meeting that this does not entail deputizing the Officer.  How this, in reality, will function remains unclear. 

Although members were told that By-law 16 produced at the All Members Meeting was, in fact, the old by-law, it was not. A new paragraph was added:

5.4 Violators of the By-law will be ticketed and/or towed at owners risk and expense.

 
A preface introducing a new revamped by-law stated that all references to the "Parking Committee" and "Parking Chairperson", shall be changed to "the Co-op". 

In light of the fact that the co-op had already added a new paragraph to the 'old' by-law, they certainly could have made the changes outlined above to the body of the presented by-law. 
 
The Property Manager's position is that members must suffer the consequences if they violate this policy - the STING of fines and towing costs.

This by-law will be selectively applied, both in content and to whom.  I believe that I was the only member to oppose this by-law. 

BY-LAWS 16 - ENACTED - PART 1

Yes, that's right - two By-law No. 16s were enacted last night.  The first one (By-law No. 16) pertains to Feeding Animals and Wildlife and the second one (By-law No. 16) pertains to our Parking By-law.  

The first By-law No. 16 was introduced by our Property Manager.  She stated that the by-law was lifted from another Ontario housing co-op.  That co-op, in turn, snitched part of their by-law from the Arizona State Legislature 2006 13-2927 Unlawful feeding of wildlife: classification.

The Property Manager stated that the co-op was spending lots of money repairing co-op property caused by wild animals, such as damage to front steps, balconies and siding.  Squirrels do not go under front steps.  The problem with gaps under front steps is because asphalt driveways have sunk and will continue to do so.  Groundhogs began to occupy these huge sink holes until the skunks took over.  Chunks of our precast front steps are breaking off due to lack of maintenance, creating ever larger gaps. We could hear squirrels scurrying about in the walls of the unit we used to occupy and it was certainly not due to us feeding them.  Balconies have rotted out.  Squirrels will enter an envelope of a building through any means - they do not cause balconies to rot.

I stated that I strongly opposed this by-law because it would be selectively applied - that it would be highly unlikely that the co-op would fine full-fee members as the co-op needs their money; that subsidized members would be the ones who would be targeted.

One woman had concerns about what proof would be considered valid in violating this by-law.  The Property Manager stated that it was quite alright to take photos of food left out for animals and proof in other ways.  When this was said, there was excited frenzy in the air - members could finally nail the family who were looking after stray cats abandoned by members.

I then stated that people who let their domestic cats roam wild should also be fined as those cats are enticing coyotes into the co-op.  A woman who was ecstatic about fining people who feed stray cats said that there was nothing she could do about her domestic cat who always escapes through an open window.  What is the difference between a stray cat and a wandering domestic cat - both will hunt and sidle up to whoever will feed it.  

The focus though was on targeting one family and one family alone.  To my knowledge I was the only person who opposed the by-law and wanted my name registered as such.

On the way home from the meeting I noted a very unkempt front lawn of a Board member and garbage pails/green bins/blue and black recycling boxes piled up against front doorways of members.  I also continue to hear a member's two dogs constantly barking in the back of my unit.  These eyesores and annoyances must be dealt with in the same manner:

•  Written warning for first offence
•  $25. fine for the second violation
•  $50. for the next violation
•  Notice to appear before the Board of Directors
•  Eviction 

 

BY-LAW NO. 16

Included in the member's package for the Annual General Meeting is By-law No. 16.  It is a revamping of the Parking By-law.  The first sentence states that this By-law will replace the Parking Policy.  It's already a By-law and has been in place since 1990.

The By-law refers to the Parking Committee throughout.

A Resolution with two new clauses preface the old By-law, making them appear to be the only changes.  However, this is not the case. A new paragraph has been added to the old By-law under Article 5 Enforcement:

5.4 Violators of the By-law will be ticketed and/or towed at owners risk and expense.

Passed by the Parking Committee. 

We do not have a Parking Committee.  

The Resolution states:

We resolve that all parts of the Parking By-law that state "Parking Committee and Parking Chairperson shall be changed to "the Co-op" in By-law Number 16 Parking By-law and;

5.5 Violators of the Article 2 of the Parking By-law will be subject to the following:

For the first violation the co-op will issue a written warning.

For the second violation, a fine of $50.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense.

For the third and subsequent violation(s), a fine of $100.00 will be imposed by the Co-op and the vehicle will be towed at the owner's expense as well as a notice to appear before the Board will be issued.

The enforcer of parking violations will be Property Manager.  For instance:

3.4  Visitor Parking passes will be available from the office or the Parking Committee.  Members must obtain a visitor parking pass for the vehicles belonging to visitors who are staying for more than one night, and all such vehicles so parked must display an identification decal available from the Co-op office.  The member will fill out a request form for their visitor, and give a deposit of $5.00 for the pass.

How can members apply for these parking passes when the office is closed?  This aspect of the Parking By-law was resurrected within the past year.  We have yet to see a parking decal. 
 
There now appears to be more zeal to apply By-law No. 16.  Seeing that we do not have a Parking Committee, the Property Manager will be the one to police the co-op and to whom the fines will be paid.

We will now have fines for violating the DO NOT FEED By-law and the Parking By-law and who does all the power go to?  The Property Manager!

These By-laws will be selectively applied.

THE BUILD

Saturday was build day for the play park.  The V-shaped sliver of land is now quite a bit bigger.  The area is bordered by square timbers built out to the roadway on three sides. 

The main concern, however, still has not been addressed - there are no barriers to protect children from on-coming vehicles.  In addition, speed bumps must be repainted and a sign erected indicating 'Caution Children at Play'.

Playground safety inspections only take into account the construction of the equipment, not the proximity to roadways.  City of Ottawa by-laws only deal with encroachment on other people's property lines.  

A Memorial Garden is also underway at the traffic turning circle.  This has consistently been Dealer's Corner since the inception of this co-op.  It is an unkempt, garbage strewn place in the summer and a snow storage site during the winter months.  A better fit for this forsaken area would be a big rock engraved with the names of co-op evictees - a reminder to all that this is where you might end up.

BE HOME - OR NOT!

Members received a TAKE NOTICE yesterday RE: NOTICE OF ENTRY - SMOKE DETECTOR INSPECTIONS.

It's not that our Property Manager and/or Board of Directors are proficient in these matters; they were reminded that smoke detectors should be inspected annually, so out came another really obnoxious notice:

THIS INSPECTION IS MANDATORY.  If we do not have a key for your unit, a locksmith will be hired to change your locks at your expense and you will be required to make arrangements to pick up a new key.

The 'key' to this warning is not about smoke detectors at all - it is an opportunity to exert power and relish in the for-all-to-see drama!

These inspections will take place on Thursday from 8:30 a.m.-8:00 p.m.  The Annual General Meeting starts at 7:00 p.m. What a quandary - should I stay, or should I go?

Resolution 1 - Feeding animals and wildlife

Members recently received an Agenda, Minutes and Financial Statements for our upcoming Annual General Meeting. Tucked in the package is the following potential By-law:

By-law number 26 - Feeding Animals and Wildlife

"animal" means any member of the animal kingdom, other than a human.

"feed", in all of its forms, includes the regular or intermittent supply of food, means anything that can be consumed by an animal for sustenance, but does not include:

(a) vegetation or animals that are part of the natural environment such as grasses or insects; or

(b) compost kept in accordance with all applicable by-laws, statutes or regulations of the City of Ottawa and the Co-op's Bylaws;

"Officer" means a person appointed by the Co-op to enforce this By-law;

"premises" means the outdoor portion of the [Co-op] property

PROHIBITION

1. A person commits unlawful feeding of wildlife by intentionally, knowingly or recklessly feeding, attracting or otherwise enticing wildlife into an area of the premises.

2.  No person shall feed or permit the feeding of any animal or wildlife.

(2) Despite section 2, a person may feed or permit the feeding of

(i)   a bird, if the feed is in a squirrel proofed feeder.

(ii)  there is no accumulation of bird feces;

(iii) there is no interference with the normal use or enjoyment of any other portion of the premises;

The Officer is authorized to administer and enforce this By-law.

Enforcement:

1. For the first violation the Co-op will issue a written warning.

2. For the second violation, the member will be issued a $25.00 fine.

3. For the third and subsequent violation, the member will be issued a $50.00 [fine] and a notice to appear before the Board of Directors.

*****

This potential By-law is accompanied by the following Ministry of Natural Resources ridiculous printout:

http://www.mnr.gov.on.ca/en/Business/FW/2ColumnSubPage/277348.html

We do have the occasional coyote roaming through the co-op, but this By-law is not aimed at foxes, deer or bears - it specifically relates to squirrels and the feeding of stray cats left behind by prominent ex-members of this co-op.  And this is not aimed at members in general, it is meant to target one family.

Squirrel damage in our co-op has not been caused by members feeding them.  Squirrel damage is caused by the NEGLECT of the co-op to do on-going maintenance - rotted window frames, decks, balconies, siding.

So, under this By-law, we are going to have PROHIBITION and an OFFICER appointed by the Board of Director.  It will be no surprise to know who the Officer will be and who has most likely already been chosen to patrol our gated community.

MOTIVATION

We're being TOWED, ... er ... MOWED - maybe! 

The play park will be constructed from Tuesday, July 16th, through to Saturday, when there will be a ceremony celebrating same.

In this vein, members received a rather rude notice, all in capital letters, that parking on both sides of the sliver of the play park will NOT be permitted.  It goes on to say:

PARKING IN NO PARKING AREAS OR VACANT UNITS WILL NOT BE TOLERATED AND YOU WILL BE TOWED. 

MEMBERS WHO HAVE PAID PARKING WILL BE ASSIGNED A TEMPORARY SPACE THROUGH THE OFFICE.  (THIS COULD INCLUDE A VACANT UNIT ASSIGNED BY THE OFFICE).

THANK YOU FOR YOUR CO-OPERATION WHILE WE COMPLETE THIS VERY IMPORTANT PROJECT.

YOURS IN CO-OPERATION,

MANAGEMENT


This notice is rather incomplete.  It's missing one sentence:

YOU WILL PARTICIPATE, DONATE & ENJOY YOURSELVES!

Two dead trees will have to be removed from this sliver of land (in between two rows of parked cars) to allow for the construction.  This is in contrast to all the dead trees which will be left standing around the co-op.  Strategic common areas will be mowed once again for public relation purposes - other areas will be left unkempt.  

And that is the way it is.

Dead Tree - Unmowed Grass - Common Area

Weeds - Common Area

 Discarded Old Slide in Common Area for Past 10 Months

Philanthropy

http://www.northernpeninsulanews.com/2013/02/23/ian-hill-ltbk-interview/


http://www.northernpeninsulanews.com/2013/02/21/let-them-be-kids-updat/

Recommendations

On May 27, 2013, my husband wrote the following email to the Board of Directors, as well as submitting links to CMHC's indoor air quality articles and a letter from our doctor:

We are writing to inform you of a serious air quality problem in our unit # XX  & to request your help. The problem requires your urgent attention as it is affecting our health & well being.

High humidity levels have persisted since we first moved into the unit in late 2010. We have since recorded humidity levels consistently between 70% & 90%, occasionally rising to 95%. These are levels that are well above Canada Mortgage & Housing Corporation's (CMHC) recommended indoor humidity levels, which are known to pose significant risks to both health & property (1, 2, 3). Our doctor has written a letter expressing her concern about the effects of high humidity in our unit on our health (4).

Consultants hired by the Coop in their report of 14 July 2010, recommended, amongst other things, that the earth around the exterior of Unit # XX be regraded. To date none of that work has been done.

Consequently, we now turn to you for immediate assistance in addressing the humidity problem. We suggest a properly qualified consultant be engaged to recommend the most appropriate approach to rectifying the air quality issue in our unit. Given the humidity levels a simple retail dehumidifier is not likely up to task & would be a waste of money.

Thank you for your attention to the above. We look forward to receiving a reply at your very earliest opportunity.

The Board of Directors did not respond to our letter.  Instead, the co-op's Property Manager sent my husband an email on June 24th indicating that she understood his concern about the humidity in our unit, saying that the Weather Network was predicting 94% humidity on that particular day.  She stated that the co-op does not provide dehumidifiers to members, a recommendation made by our doctor.  The Property Manager suggested that she could look at prices at Cost Cutters and stated that we should look on Kijiji for an air conditioner as a way of dehumidifying our unit.*

My husband specifically asked for an air quality specialist to deal with the humidity levels in our unit.  The co-op knows full well that we have written them on several occasions regarding the humidity issues in this unit which persist all year long. The Property Manager did not address our request to engage an air quality specialist and purposely sent us a 'Tsk-tsk' response to our letter.

Regarding the statement that the co-op does not supply members with dehumidifiers is completely false, a fact fully known to the Property Manager, who wrote us the email. 

*We have an air conditioner.

 

WATER

On Monday, June 17th, a co-op maintenance man paid us a visit with papers in hand.  His purpose was to inform us that we seem to use a lot of water.  He asked us how many people live in the unit, did we water flowers, or did we have any leaky faucets.  I told him about our upstairs toilet's valve, which doesn't shut off properly.  

On November 2, 2011 I had forwarded a list of work orders to our Property Manager, which I had resent to the office on August 23rd and on September 13, 2011, containing a work order for the toilet.  We did not hear back from the co-op. 

The maintenance man wrote up a work order for repair of the toilet.  That was almost two weeks ago - no one has yet to come by to do the repair. 

Seeing that other members were also questioned about their water usage, the visits may have been prompted by higher water rates being charged by the city, rather than members' usages.

We are being inundated with water news lately.  CHF has posted news about flooded out housing co-ops in Calgary.

http://www.chfcanada.coop/eng/pages2007/enews.asp?id=614&type=eNews


Ottawa as well needs a little more sunshine.

MEMBER SELECTION

NOTICE TO ALL MEMBERS

It was determined some time ago by the co-op sector, that Committees have never worked in the past and will henceforth be considered obsolete.  The reason for this transformation in thought processes is because we have an abundance of Property Managers, who are seeking well-paid positions in co-op housing developments. This allows for more control at the top echelon of power and unites all co-ops under one umbrella.  Property Managers can easily be transferred from one co-op to another; therefore co-ops will never be without good governance.

However, there is one issue left outstanding. Because Committee structures are still enshrined in our By-laws, members must still participate four (4) hours per month.  To achieve this goal, we have formulated a concept in member participation entitled:  Totally Useless Committees.

The Board of Directors have created a Participation Committee of hand-chosen members.  This Committee will draft members to sit on the following:

TOTALLY USELESS COMMITTEES

1.  Eyelash Trimming - Equipment will be provided

2.  Sewing Needle Exchange - No Blunts accepted

3.  Motor Oil Trench Cleaning - Wear hip boots

4.  How to Read a Menu - Reading glasses an option

5.  Pet Name Recitals - Duplicates will not be accepted

6.  Ear Lobe Enhancements - Individual assessments

7.  Star Gazing - Nite time viewing only

As Participation is mandatory according to our By-laws, any member refusing to sit on the committee to which they are delegated, will be subjected to fines - yet to be determined.  Repeated failures to participate will inevitably result in eviction notices.

THANK YOU FOR VOLUNTEERING AT YOUR CO-OP.

Facelift

The co-op has been undergoing lots of cosmetic changes this week.  Staff, at the behest of our Property Manager, have been mowing and de-weeding common areas throughout the co-op, especially sprucing up the procession route for VIPs to see how well our co-op is continually maintained.  The occasion is a media glitz for a kick off BBQ for the new play park. 

Last summer at the height of the severe drought affecting great swaths of Eastern Ontario, I wrote the Property Manager strongly suggesting that in light of the fact that volunteers were not cutting the common area hayfields, that the co-op hire someone to do so.  Not only were the hayfields unsightly, but they presented a fire hazard as well.  The Property Manager's response to me was that she would NOT hire anyone anyone to mow the common areas, that she would rely on volunteers to do it - and then she thanked me for my suggestion.  The hayfield mound never did get mowed.

This makeover is superficial in the extreme.  As soon as the hype is over and the media wrap up their session, the common areas will again be unkempt, the play park will be strewn with garbage, which is never picked up by parents and the Property Manager will have increased her public exposure, which was the point of this whole exercise to begin with.

On The Edge

Here at last ...

 RATS! - Can't park here 

Oh - I see a spot

NO problemo

A little backing up

 ET VOILA

Piece of cake

Sometimes it's hard to know where to draw the line.



(Unfinished playpark in co-op - ingredients:  Lego, toy cars, dried green split peas, skewers, toothpicks, Swarovski orange crystals - all prepared by Co-op Dweller)