Wednesday, March 5, 2014

LIAR-LIAR


Before the words were even out of her mouth about how the Board of Directors abused her at a meeting designed to evict her, the Property Manager belted out, 'It's a lie!'  Other Board members quickly piled on the abuse - LIAR!    The President of the co-op, who Chaired the meeting, also attested to the fact that what the member was saying didn't happen.  He hadn't attended the Board meeting, but said that he had read a 'transcript' of the Board minutes.  The meeting was electronically  recorded and of course, the expletives were conveniently deleted.  The woman crumpled into tears.  With her permission I will tell her story.

The member is vulnerable - a victim of domestic violence.  She is also on a disability pension and is coping as best she can given her circumstances.  She was late on several occasions in getting her subsidy renewal application in.  To further complicate matters the Property Manager insisted that her son apply for OW and things unravelled from there.  The member was never late paying her housing charges because it was paid directly by ODSP.   

In December she received a letter from the Property Manager saying that she was overhoused - that she would have to downsize to a 2-bedroom unit.  She submitted two letters from an orthopedic surgeon that she had had surgery, needed a year to recover and also needed a downstairs washroom.  Up to that time no arrears were mentioned.  If so, the co-op would not have consented to downsize her.

The Property Manager refused to acknowledge her medical letters and out of the blue, she received a notification that the co-op had retracted her subsidy retroactively to May, 2013 and that she was now $2,400. in arrears.  The reason:  Incomplete subsidy information.  And the piling on began.  There was extensive damage to her unit - holes in walls:  FIX THE WALLS in a very short time span - the co-op would re-enter the unit to assess.

A Notice of Hearing was sent to the member - attend a Board Meeting where a decision to evict her would be considered.  The member attended the Board meeting, along with a lawyer from a community legal aid centre.  At the Board meeting she was berated - she was told that she had brought the abuse on herself, that her physical disability wasn't a disability at all - she could walk down stairs no problem, just like another Board member.  The lawyer didn't defend her, just quickly touched her not to respond.  The member left the meeting in tears.

The very next day she received the Board's decision in her mailbox - evicted -  to leave her unit in a couple of days.  She appealed the decision and set about to tell her story at the Special Meeting last night.  She had no lawyer representing her - I was her support person.  The co-op's lawyer was there to fortify the Property Manager.  No help was needed in that regard, so he didn't say a word for the entire meeting.  The sum of $1,500. was budgeted for legal fees for 2013-14.  The reason being is that the member being evicted will be charged for his services.

A member sitting next to me wanted the Property Manager voted out of the meeting.  The Chair asked how this would be possible.  He missed the point.  The Property Manager is known to roll her eyes, smile sardonically when challenged and many members don't even want to be in her presence.

The member up for eviction in a very quiet voice, trembling and in tears continued reading her notes to the membership.  TIMES UP! Now it was the Property's Manager's turn.

For over one hour she went on and on and on.  In a dreary monotone, she read every date of every email to the member and vice versa. She had control of members.  They were stuffed into this very small meeting room and for all intents and purposes just wanted her to stop droning on.

I then spoke, saying that I had helped the member through this ordeal.  I stated that CMHC deferred overhousing to co-op by-laws, that our by-laws allowed for the use of discretion in deciding whether to postpone a move, or not move a member at all.  That the co-op had a Domestic Violence By-law and instead of showing empathy and compassion to the member who had suffered domestic violence, that they were abusing her even more. 

I stated that the member received approximately $1,000. in disability benefits, that she now had to pay full fee for a unit because her subsidy was taken away, and to completely annihilate the member, the Property Manager had imposed a Performance Agreement on her to repay $600. per month for 4 months until her 'concocted' debt to the co-op was paid off.  I stated that it was preposterous to even think that the member would sign such an agreement - it was designed specifically to entrap her.  

I then read out the Performance Agreement in our by-laws which was flexible according to the financial means of the member being asked to sign.  This and other statements I made incensed the Property Manager - she went to the office to get the by-laws to prove me wrong.  She stated that it was a by-law or policy that anyone owing arrears over $2,000. would have to repay it in 120 days.  I said that's ridiculous - that my husband and I couldn't even do it - how could someone on ODSP or OW pay that amount of money.  A long-standing member spoke up saying that the Performance Agreement I had read out was the one which had been used in our co-op since its inception.  How convenient that the member being evicted owed $2,000.  

A member who attended the meeting spoke empathetically about victims of violence - that the trauma affects one's very being and coping skills for a very long time.  Members finally came alive and gave her a subdued round of applause.  

My husband then spoke up and began his sentence with, 'In the 24 years we've been living here, the co-op has been ...  He was then drowned out by a very coarse voice yelling back at him. Someone yelled out, 'Call the question!'  And with that it was time for the vote.

Strips of paper had not yet been prepared for the vote.  Some were roughly ripped into such thin strips, you could curl them up and flick them in the air.  During the break one woman who was actually evicted and miraculously is still here, said that she couldn't vote, because her unit number was not listed anymore on the sign in sheet. H-m-m-m.

The vote was tallied - 26 for eviction, 21 against.  The Property Manager had won another battle.  Victory was palpable in the air - subsidized, well housed Board members rejoiced at having crushed their opponent - a vulnerable woman completely at their mercy.

I walked over to my friend and told her how proud I was of her for holding up under such stress.  Other members felt the same way and we held each other up.  Tomorrow is a brighter day for my friend and her dignity will be upheld.

In closing I would like to say that several Board members have had abusive relationships and have had damage to their units as a consequence.  In general there are many units occupied by members in a gross state of disrepair, so why focus in on this member.  Why hound her to distraction - letters arrived in her mailbox anytime of day or night, the Property Manager entered her unit on very short notice - alone. Why humiliate her as though she didn't even exist.  It certainly was not about good corporate governance.  It was out and out bullying.
        

9 comments:

  1. Its outrageous how people can get away with their version of "legal" bullying. And how others support it. Its an embarrassment to the Co operative name. Shameful to say the least that their are people who support this kind of Monopoly.

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    1. These "sheeple" are reigned by fear - and fear of eviction is the biggest stick they use - especially if someone is on RGI

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  2. Anonymous has it right --- outrageous, bullying, embarrassing, shameful. To which I would add: despicable, gutless, pathetic and f*****g cowardly.

    That two dozen of the woman's fellow "members" could fall in line with whatever the Co-op wanted at whatever cost to any sense of right and wrong or even to a normal moral compass speaks volumes about them.

    Kudos to you for helping this woman, to those who spoke out against such a travesty and to those who voted against eviction. As far as your PM's antics, how anyone can let her get away with what she did speaks more to their cowardice. She must have a more than a few either terrified of her or willing to go along for anything as long as they keep on her good side.

    Of course, some dutiful Co-op puppet yelled out "Call the question!" on cue. No sense having a meaningful, open discussion on an issue.

    And the lawyer sat there and took this all in? I know his job is to represent his client as an advocate. There has to be some occasion where he says, "Enough is enough."

    I suppose woman will be glad to get out of there and won't challenge this in Court --- assuming BOD follows thru with getting writ to evict. This is what co-op is hoping.

    As for your PM and her minions, there's a special place in hell reserved for that lot.

    As for you,you fought the good fight and have nothing to be ashamed of. Easiest thing for me to say would be to get the hell out of that cesspool of corruption. But easier said than done. It also doesn't address inherent problem at your Co-op. Actions at the meeting are all too common at other co-ops. So much for democratic principles at work and all members being equal. Of course, some members are more equal than others.

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  3. The Property Manager gave less than 24 hrs. notice of entry to the member on the day of her Appeal Meeting. She told the member that she didn't need to give her a 48 hr. notice because she was being evicted. The Property Manager knew precisely when the member left her unit for an errand and inspected her unit.

    Later that evening the member found a souvenir on her dresser purposely placed there by the Property Manager. It was a piece of paper with highlighted words 'NEGLECT OF RESPONSIBILITIES' - it was accompanied by the Notice of Entry.

    Yesterday the Property Manager distributed her newsletter with her Quote of the Month:

    You can fool some people sometimes, but you can't fool all the people all the time. (Bob Marley)

    The quote is actually from Abraham Lincoln:

    You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.

    But don't tell that to the Property Manager. She is too busy pitching a proposal to the City to allow the co-op to buy up an abandoned works yard and build Phase III on to our existing co-op.

    And the quote? Her quotes are digs aimed at certain people - she uses the medium of a newsletter as her personal poisonous projectile.




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    1. This is against the law and I believe the Housing Services Act. Its worth while every member being familiar with the Co-operative Corporations Act and the Housing Services Act as these are the ultimate bills that co-ops have to be governed under. If the by-laws don't fit within the parameters of the Acts, the by-laws have no legal weight.

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  4. The member being evicted was given 5 minutes for her appeal speech. The Property Manager had no time limit. When she attempted to read out loud the member's medical letter from an orthopedic surgeon, she couldn't pronounce the words. Amused with herself, she then passed the letter to the Secretary of the co-op. The Secretary had had a similar operation on her knee and as a consequence was given an accessible unit. Members laughed along with the Secretary and the Property Manager and when all was said and done, the letter was tossed aside. Why? Because the Property Manager refused to acknowledge the medical letters.

    I heard from the evicted member today. She did not receive the newsletter wherein the Property Manager gloatingly closed her newsletter with a poorly written, wrongly attributed quote.

    This type of behaviour goes way beyond cruelty - it's sadistic.







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    1. And how much will the sadistic PM and BOD be laughing when (if) they head off to Sup Crt to get a writ and they lose case because their behaviour and actions are laid out in open court.

      Of course, since this is a subsidy case, I'm wondering if the co-op will wait until final proclamation of Bill 14 so that they can take case to LTB. As we know, with Bill 14, LTB does not have jurisdiction to deal with subsidy cases in evictions.

      Then there's possibility that they won't pursue an eviction but leave it and the member hanging in no man's land.

      I guess much of outcome w/b based on whether evicted member wants to put up a fight or just leave that toxic place.

      BTW: I have to think that your blog is known to other members of your co-op --- maybe even PM and BOD. Since the vote was so close and the display put on by your PM and BOD speaks for itself, I thought there might have been a couple of members who'd express their outrage at what went on. Now there was Anon's comment but it's hard to tell if he/she lives there.

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    2. Bill 14 gives all the favour to the co-op and non to the resident/member. And it was proclaimed in the Fall of 2013. However, a couple of lawyers I've talked to feel it has no weight, nor has it been tested yet to our knowledge.

      Our blog is known to our board and manager. In fact the manager is using 63 pages of our blog in a grievance against me because she trespassed in my apartment, was warned by the police - and yes, you read right, she is grieving me. Thing is she didn't redact the other members comments in the evidence either - totally against the law. But we use character names in our blog due to fear of reprisal. However, often I use my own name cause they don't scare me.

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  5. I am gobsmacked, yet not surprised by the insidious, malicious and dictatorial attitude of your manager. Throughout the co-operative sector poorly run co-ops all seem to have the same problems. In my own co-op they tried, unsuccessfully to evict me with some documentation nonsense too. As soon as I filed a judicial review, Toronto Shelter & Support pulled up their socks, took their feet off their desks and told OWN Housing Co-operative they were in the wrong. The big problems is most people don't have either the business experience or money to take this kind of legal action.

    A Youtube Channel has been created for the purpose of enlightening resident/members to the legal facts and to flush out the abuse that is going on in poorly run co-operatives. Check it out and tell your friends to view, subscribe, like and comment - with an anonymous name of course. http://www.youtube.com/coophousingtor

    We are looking for anyone who would like to be interviewed. You can send us a video or a transcript and it will be read for you with or without identifying you - its totally your call.

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