It was a scolding for either not submitting or partially submitting a Composition of Member Household and Annual Information Form.
Ours acknowledged receiving proof of vaccination for our pets, but reprimanded us for not providing proof of liability insurance or our policy's expiration date.
The original DEMAND for information asked for PROOF OF CONTENT/HOME INSURANCE ... AS PER THE OCCUPANCY BY-LAW. We duly submitted a letter from our insurance company acknowledging the renewal of our policy as of March 25, 2013. In March of this year we will receive another renewal letter. A person can cancel their home insurance at any time, so proof of an expiration date is meaningless.
On January 6, 2014 I submitted these documents to our co-op and notified them by email that:
Although we've always had household insurance, I cannot find any mention of the necessity for same in our Occupancy By-law. Article 5.5 Insurance refers to co-op's insurance, not to member household's insurance.
(This is definitely a tip off to the By-law Review Committee)
The final intimidating paragraph of our Property Manager's follow up states:
If you do not complete and return this form, your household will be in breach of the policies and by-laws of the Co-operative. Failure to provide this information will result in reporting to the Board of Directors for further action.
There is also no policy demanding that members carry household insurance.
The deadline for submission is tomorrow. Our Property Manager loves deadlines!
Oh, can I possibly have a copy of the co-op's insurance policy? After all, I'm paying for it.
"Without Prejudice" usually denotes that contents of letter with that phrase attached means that the contents of said letter cannot be used in evidence later in legal action between the parties. It is not an absolute disclaimer of legal responsibility nor will it always be interpreted as such by a Court.
ReplyDeleteThat phrase is often overused by lawyers (or other organizations) in an attempt to shield their clients. Using it as a blanket attachment to all correspondence seems rather paranoid, esp. if they're not planning specific legal action (eviction etc) vs someone or a group. In short, it's nothing more than an attempt to intimidate. In a housing co-op, they expect that it will have the desired effect because it seems so official and they know almost no Member is a law school grad.
As to tenant insurance, if it's specifically mentioned in the by-law, the co-op MAY be able to enforce it. After all, Members must abide by all by-laws and policies under threat of eviction. Tho I somehow doubt this to be the case. Of course, Members are responsible for any damage done to their unit esp by fire, flooding resulting from their negligence.