Damage Control

May 27, 2010

Dear Members:

Further to our previous letters, most recently May 5, 2010 and April 22, 2010, the Board has again requested that I correspond with you regarding your intentions with respect to accepting Unit __.

As previously advised, the Board members personally attended at the unit to inspect same. (Board members were taken on a tour after the maintenance man painted over the cracks in the basement floor.)

The Board also took the added initiative of contacted Mr. X of XX to address any concerns you may have with respect to flooding. His opinion was that the efflorescence "may" be an indication of wet conditions beneath the floor slab. These are not determined as current, but may have been in past situations. As I advised you earlier, I spoke directly with the previous members, (X) and she indicated that there had been no flooding at the unit during her tenure. (This is a moot point. The unit sat empty for months after the previous member moved out. Mr. X, if he did view the unit, would also have seen the cracks painted over. He said that the floor slab might have been wet in the past. The cracks and wetness are there as evidenced in our photos. Once water has penetrated a unit, it will only get worse and will affect the integrity of the whole row of townhouses. This unit has a sump pump. The problem must be addressed and fixed.)

Mr. X indicated that any concerns regarding electrocution should be allayed. In his words, '"The water would have to be pooling on the floor slab so that a person would have to step into it, and then touch a switch, receptacle or an energized electrical appliance of some type was immersed in the water. (There was water pooling on the floor. It is our assertion that the co-op knew about the flooding and waited for several months for the basement to dry out. Dampness can also lead to electrocution.)

Mr. X also suggested that the entire Park is located in an area with a high water table. Our first step would be to examine the outside grading and determine if remedial work is required, including examining the weeping tile. As you are aware, these activities would be located, by and large, outside the unit. Another suggestion was examination of the existing eavestroughing, and I have requested the [maintenance man] take a look at same to determine if this may be an issue. (We all know that the co-op was built on swampy land - all the more reason to recognize a leaky basement. The basement would also have to be repaired on the inside after the remedial work is done on the outside. The co-op will look at the grading and the eavestroughing and say that it is fine. If we move into that unit, anything we store in the basement will become moldy and the risk to our health will increase exponentially.)

The Board has stressed that they have explored all possibilities in order to best balance your interests with the mandate imposed by CMHC regarding over housing. Members have met with the Social Housing Registry to seek advice on how we can help a family in your situation. It would appear that (co-op) has made a more than reasonable compromise given your current family composition and the size of the unit offered. (We have written the Office Co-ordinator several times asking for a copy of the CMHC Directive concerning over housing. To date she has not forwarded same to us. How could the Social Housing Registry possibly advise regarding our family? It's just a waiting list. This is just plain silly! We have the legal right to turn down two (2) units before being forced to accept the third. We didn't turn down Unit __, we said 'to fix the basement'. The offer of Unit __ was not a legitimate offer as the unit is uninhabitable 'As Is'.)

They certainly appreciate any concerns regarding your health situation. However, given that the first notice of a required move was given in December 2009, we are now 5 months past. (We didn't get to see the unit until late December. On January 4th I sent photos of the state of unit, including photos of the leaky basement. We didn't hear back from the co-op for over two (2) months. On March 15th we received a letter telling us to move in two (2) weeks. The co-op didn't give us any indication what repairs had been done to the unit. Upon revisiting the unit, we noted that the co-op had painted over the active leaks in the basement. We continued to say 'fix the basement'. On April 22nd, the co-op again wrote us denying that there was any problem with the basement. I sent them the CMHC Fact Sheet on basement leaks which clearly concurred with our assessment of the basement leaks in Unit __. A member of the Board wrote us and said that she had instructed a building science inspector to contact the Office Co-ordinator. We never received a copy of that report. Instead on May 5th we received notice that the co-op was going to 'market' this unit and that our subsidy would end on July 1st.)

I acknowledge receipt of your e-mail dated yesterday requesting copies of all Board Minutes over the last 12 months, plus excerpts from an in camera minutes with your unit. All Board minutes that have been approved are posted on the office bulletin board.

There are 2 sets of Board minutes which have not yet been approved by the Board (we had 2 meetings in 2 weeks), and once those are approved will, of course be posted as well. The board's next meeting is currently scheduled for the week of June 1st, and these will be available at that time. (What about the In-Camera Minutes?)

It is unfortunate that a move is required, however, it must be appreciated that affordable housing must be allocated equitably, thus the over housing policy.

The Board, in compliance with CMHC Directives has made the most reasonable compromise within their abilities to balance your needs with CMHC directive and social policy. You remain at liberty to continue to occupy your current unit on the proviso you are required to pay full housing charges effective July 1, 2010. Given the options that have been provided and the willingness of the Board to provide the best available "accommodation" within the Co-op's abilities, the Board is very concerned that you may make a decision that would put you in financial hardship. (The co-op hasn't been forthcoming at all. The only reason why any repairs were done in that unit was because we had taken photos of the deficiencies and sent them to three (3) of the Board members and the Office Co-ordinator. The co-op only addressed the basement leaks in April and then ridiculed us by putting the words 'basement leaks' in quotes. The co-op is now saying that WE might be putting ourselves in financial hardship by not taking the unit. In reality, it's 'Do What We Say, or Lose Your Subsidy'. The co-op has manipulated and twisted the situation around to transfer responsibility from the guilty party, themselves - to us.)

As per my letter of May 5, I would again request that you provide the office with your written intentions regarding accepting unit __. It would be appreciated that you provide a written acceptance or refusal by no later than Monday, May 31, 2010. If we do not receive this letter, we have no choice but to allocate this unit to another family. We have kept this unit on "hold" for your family in order to provide a compassionate amount of time for you to make arrangements for your move. We may not have another option for you to move to for quite some time. (Nonsense - the unit has been sitting empty for almost a year. Why didn't the co-op rent this unit last summer? Could it be that they were waiting for the basement to dry out?)

Should you have any questions or concerns, please feel free to contact myself.

We thank you for your co-operation.

Sincerely,

__ on behalf of
the Board
__ Housing Co-op

Planned Obsolescence

Definition:

Planned obsolescence or built-in obsolescence is the process of a product becoming obsolete and/or non-functional after a certain period or amount.

Business practice of deliberately outdating an item (much before the end of its useful life) by stopping its supply or service support and introducing a newer model or version.

*****

WE are 'Planned Obsolescence'. It is by no accident that our subsidy was retracted and that my husband and I will be evicted shortly thereafter. It is a deliberate maneuver by the co-op to force us into arrears. This is abusive in the extreme. Commit the crime and then blame the victim.

And Then...

"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.

THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.

THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

THEN THEY CAME for me
and by that time no one was left to speak up."

Martin Niemöller (1892 – 1984)

*****

If this can happen to us, then it can happen to anyone in the co-op.

Notice of Annual Meeting

The outside Board Member and Chairperson only read a partial reading of The Co-operative Corporations Act as follows:

Notice

(2) The articles or by-laws of the co-operative shall not provide for fewer than ten days notice for meetings of members and in no case shall notice be given fifty days before the date of the meeting and the articles or by-laws shall not provide that notice may be given otherwise than individually. R.S.O. 1990, c. C.35, s. 75 (2).

The Co-operative Corporations Act goes on to state:

General meetings

78.The directors may at any time call a general meeting of the members for the transaction of any business, the general nature of which is specified in the notice calling the meeting. R.S.O. 1990, c. C.35, s. 78.

Our By-laws state:

(a) Notice of each annual or other general meeting of members shall be given to the members not less than ten nor more than thirty days prior to the date of the meeting. In computing the time for the giving of notice, the day of giving the notice shall not be counted and the day of the meeting shall be counted.

(b) The notice shall specify the time and place of the meeting and shall set out or be accompanied by a statement of the business to be considered or transacted at the meeting. In the case of the Annual Meeting, such notice shall be accompanied by a copy of the financial statement and auditor's report for the previous fiscal year ...

(c) No business may be transacted, and no resolution or by-law adopted or confirmed by the members, unless the general nature of that item of business was set out in or with the notices mentioned above ...

The meeting was, indeed, illegal in that a statement of business was not distributed ten days prior to the meeting, nor was it accompanied by a copy of the financial statement and auditor's report.

In Good Faith

Further to our previous letters, most recently April 22, 2010, given that you have not provided the office with any indication of your acceptance or refusal of unit __, we have assumed that you wish to remain in unit __.

Please be reminded that effective July 1, 2010, your housing charges will increase to full market rent.

We have held unit __ vacant in anticipation of your decision to move, however, given our mandate to cut vacancy losses, this unit will be actively marketed as of today.

Should you have any questions or concerns, please feel free to contact myself.

We thank you for your co-operation.

Sincerely,

XX on behalf of
the Board
XX Housing Co-op

*****

This unit has been empty for almost a year. Why didn't the co-op rent it all this while? The only renovation that had been done to the unit when we saw it in January, was that it had been painted. I've done hundreds of unit inspections in this co-op, as I was Unit Inspection Co-ordinator for many years and Chairperson of the Maintenance Committee for three years. I did an inspection of this unit and sent my observations to the Office Co-ordinator. She was not pleased and wrote me an email stating that she considered the unit rentable 'As Is'. We then took photos of the unit and sent them to the Office Co-ordinator, as well as the other Board members. We didn't hear back from the co-op for over two (2) months.

We received a letter on March 15th telling us to move in two weeks. The letter contained the following two (2) paragraphs:

a. We will accept unit __ with a projected move in date of April 1, 2010 with our move out of unit __ to be completed by no later than April 15, 2010.

b. We do not accept unit __ and understand that given our over housing situation we will find alternative accommodations effective June 1, 2010 and in which case, this shall be our formal notice of cessation of membership at [co-op] as of May 31, 2010.

We did not sign the duplicate of this letter indicating our preference, as we viewed the letter as blackmail. We continued to ask the co-op to repair this basement.

Now the co-op is engaging in a more sinister tactic. Instead of 'us' giving notice to the co-op that 'we will find alternative accommodations effective June 1, 2010', the co-op is 'merely' withdrawing our subsidy. As acknowledged by the Co-operative Housing Federation of Canada (CHF) with regards to senior citizens, eviction will ultimately follow. The process is simple - take away a senior's subsidy, the senior will not be able to pay their housing charge (rent), the senior citizen goes into arrears and the co-op evicts the senior Two (2) months later.

A Board member wrote me an email saying, in essence, that I should be so lucky to potentially live in such a nice unit. The only reason why repairs were done to that unit at all was because I had documented the defects and sent photos of same. The co-op should be thanking me for doing an inspection of that unit, not abusing me.

'In Good Faith', the co-op has not replied to our letters dated February 4th and February 24th, wherein we requested an adjustment to our housing charges based on the actual cost of our utilities, as the co-op suggested we do in their letter dated December 3, 2009. We have also written the co-op on several occasions asking them to give us the Directive from CMHC concerning the overhousing situation in our co-op. To date we have not received same.

Below is an exchange of emails between the Office Co-ordinator and myself, which looking back, has an ironic essence of comic relief:

*****

Dec 8, 2009 at 11:21 AM

Hi - We'd like to pick up the key to Unit __ to see the unit.

Thanks -

Dec 8, 2009 at 11:35 AM

Hi __,

[Maintenance Man] is just finishing up some work at the unit and he expects to be done by Thursday latest, I'll give you a jingle when done,

Thanks,

Dec 14, 2009 at 2:25 PM

Hi - Is Unit __ finished yet? If so, can I get the keys to view it?

Dec 15, 2009 at 12:35 PM

Hi __.

I haven't had the unit cleaned as of yet after the work, but I will get the key from __. Does tomorrow (Thursday) work for you???

Let me know,

Thanks,

Dec 15, 2009 at 1:06 PM

Hi - Tomorrow is Wednesday : ) I'd like to see the unit some time this week. I'm way behind in my Christmas shopping and now [husband] developed a complication. We're waiting to hear from the doctor and most likely we'll have to get him seen to up at the General Hospital.

We need more flexibility if we move - the notice was not adequate and it's in the middle of winter. [husband] can't lift boxes, so I'm mostly it as [son] is in school. If the unit is OK, I would like to transport books, and anything I can put in Rubbermaid totes to move by hand as we don't have a car. We'll only get a small moving allowance from ODSP, so I'd like to move portable stuff so we can get an estimate from a moving company for the larger pieces.

Having a downstairs washroom is essential for [husband] so when [son] moves out, it is imperative that we stay in this unit. Please confirm this aspect of our potential move.

I'm to undergo a medical procedure on January 29th with a follow up on the 30th. Moving on February 1st is not possible. However, if we do take the unit, we will endeavour to do our best to complete the move as soon as possible.

Thanks a lot.

Dec 15, 2009 at 1:41 PM

HI __.

You are right, the week seems long, my clock still says it is 8:25.....

We'll arrange for Thursday, [maintenance man] is around the Park now and I'll get his keys.

I will do whatever I can to help with the move, I'll take a drop over tomorrow and arrange to have cleaners in asap. After they are done (I'll try and arrange for early next week), I'll have [maintenance man] change the locks and have not problem with giving you the keys so you can take time to move. I'll have you sign a "temporary"agreement re: move in purposes.

I can't comitt to the "final move" stipulation. I had a direct "order" from CMHC that [co-op] HAS to address its overhousing situation.... bottom line is from my understanding, the "waiting list" is 10 years long so it may be a moot point, but as you can appreciate those holding the purse strings must be obeyed.

Lets take it one step at a time. Let me know what time is good for you on Thursday...

Thanks,

Dec 15, 2009 at 1:53 PM

OK, around noon on Thurs. is good. Thanks!

*****

Dec 17, 2009 at 12:12 PM

Can we see the unit today around noon? Thanks.

Dec 21, 2009 at 2:09 PM

Hi __ & __

Sorry about last week, can we make it around noon tomorrow (Tuesday)?

Thanks,

Dec 21, 2009 at 2:45 PM

OK - noon tomorrow. Do we go straight to Unit __ or do we pick up the key at the office?

Dec 22, 2009 at 10:47 AM

Hi __,

I was hoping to go with you at noon, so I can drop over. However, I have an "urgent" matter that must be attended to. Call me around 11:30 and if I am still tied up you can pick up the keys here, otherwise [maintenance man] and I will meet you there.

thanks,

*****

Tue, Dec 22, 2009 at 12:53 PM

Hi __

Further to our conversation, please view the unit at your leisure.

As I indicated, it has not been professionally cleaned as of yet. You have the only key to the unit at this time.

If you and [husband] are agreeable to accepting this unit with effective move in of Feb 1 2010, then please confirm with me. I can be reached here at the office for a little bit, but then you can reach me at my cell __ or my home e-mail __.

As discussed, the office will be closed until the 4th of Jan. Our President, XX in unit __ and our Secretary XX (unit __) are to be contacted with any EMERGENCIES during the closure.

If you let me know that you would like the unit, I can try and arrange to have our professional commercial cleaners come in to do the job prior to your move in. We currently use __, and my contact is __, I could set this up and have him contact you at __ to arrange for pick up of keys from you at unit so they can clean.

Let me know,

Wishing you and yours the very best for the Holiday Season, if there anything else I can do let me know.

Dec 22, 2009 at 2:16 PM

Hi __ - We went to see the unit and did a walk around with XX with whom I used to do unit inspections. Here is a preliminary list of what we observed:

* The kitchen/hallway tiles are chipped. The powder room tiles are disgusting. Requires new linoleum.

* Stove hood needs replacing - rusted, full of grease.

* The living room parquet flooring needs refinishing. It is really scoured and bare in places.

* There is no lock on the living room window.

* Both bathroom fans need replacing.

* There is a black toilet seat in the upstairs bathroom. The sink upstairs needs to be changed - completely rusted out. Downstairs powder room sink needs new seal.

* The basement walls are full of graffiti.

* Basement floor has white crystal condensation over cracks in the floor. We are asking that the floor and walls be painted.

* There was no heat on at all in the unit - we turned the thermostat up to 15c.

We would like to take the unit. However, we couldn't move in by Feb. 1st. The unit should be cleaned, even over the holidays if possible. We are around a lot and could make the arrangements with XX.

It seems as though [maintenance man], or a co-worker of his, left a pair of jeans and a t-shirt in the powder room.

*****

Jan 3, 2010 at 11:52 AM

Hi __ - [Husband] and I did one more walk around in Unit __. I'll combine our observations from the first inspection and the latest one:

* Exterior window frames rotting - devoid of paint.
* Front concrete step deteriorating - large gap between step and driveway. Presents a hazard.
* Downstairs powder room sink needs new seal.
* The kitchen/hallway flooring need replacing.
* Fridge veggie basket needs replacing.
* Stove hood needs replacing - rusted, full of grease.
* Stove burner liners need replacing.
* Please check living room window lock - we found part of it on the floor.
* The living room parquet flooring needs refinishing. It is really scoured and bare in places.
* Bathtub needs regrouting - new toilet seat required.
* The sink upstairs needs to be changed - rust approx. 3" across, bulging & bubbling inward.
* New floor track required in linen closet.
* New upper bathroom door handle needed.
* Both bathroom fans need replacing.
* Pellet gun hole in window of Master bdrm.
* Lock on right side of window of Master bdrm. is broken.
* Window glass in 2nd bdrm. broken in two.
* All floor vents are filthy. Vents need to be professionally cleaned. A volunteer should be in attendance when this work is done to ensure that the proper method is employed.
* Kitchen floor vent mounted on baseboard needs replacing.
* There is a lot of graffiti in the basement which is difficult to paint over. It needs to be sealed first and repainted.
* There was no heat on at all in the unit - we turned the thermostat up to 15c.

There is, however, a structural problem with the unit and that is:

* The basement floor is cracked all over showing water staining and efflorescence (white powder). This is caused by hydrostatic pressure under the floor. There is a sump pump in the unit, therefore the weeping tile around the unit should be inspected by a qualified engineer. This structural problem also creates a damp moldy basement - a health concern for the whole unit.

The co-op has had weeping tile/foundation problems in the past. The co-op office building's basement floor heaved and flooded because of hydrostatic pressure. The foundations of Units __ and __ were excavated to upgrade the weeping tile system. XX oversaw this work. These three units have sump pumps. Our unit was excavated on two sides to fix two large cracks in the walls of the foundation.

The interlocking floors upstairs are a great improvement over carpeting from a sanitary point of view. As well, they are very pleasing to the eye. The unit is very cozy in light of the work that has already been done in there.

Thanks a lot - be in touch soon.

Jan 4, 2010 at 2:17 PM

Hi __ & __,

I haven't heard back from you and when I tried to call earlier today your line way busy.

Can you please advise at your earliest whether you are accepting __???

Best for the New Year,

p.s. I will be leaving office shortly to do Jan 1 deposit,

Jan 4, 2010 at 3:11 PM

Hi __ - I wrote you two emails. They in the bundle of emails we wrote back and forth before Christmas. My emails are dated December 22nd & Jan. 3rd. In any case, here is a copy of the email I sent on Jan. 3rd sent to __ c/o gmail. [Emails follow]

Jan 4, 2010 at 3:21 PM

Hi __,

Obviously you have some difficulty with taking over the unit effective Feb 1; I have forwarded this on to our Board, for as you know, we have been advised that we must address our over housing situation. I felt that the unit was rentable as is but it does need some attention as all units do in the Co-op. I will take your comments as you do NOT accept the unit for your occupancy as of Feb 1. I will ask the Board what the next step is from here.

Thanks,

Jan 6, 2010 at 3:47 PM

Dear __ - Here are some photos we took of Unit __. I'll send a few more in another email.

We never received notification from the previous board to downsize. In fact, we notified the co-op that [son] had moved out and that when [husband's] health permitted, we would move.

We have the key for Unit __. You can contact us at any time.

Thanks

*****

Jan 6, 2010 at 3:56 PM

Dear __ - Here are two more photos. We didn't take photos of the oak parquet flooring, but it is severely pitted, scoured and needs refinishing. There is a large gap between the concrete front step and the driveway which presents a hazard. We were unable to do a complete outdoor inspection because of the snow. The basement floor has dozens of cracks with active evidence of water and the resultant efflorescence.

Strangely enough, we did like the unit - mostly upstairs I guess and the layout of same. I might add that the linoleum is very discoloured as you can see in the bathroom vent photo.

Sincerely -

*****

After we sent the photos, we didn't hear back from the co-op until March 15th - over two months later!

*****

Mar 18, 2010 at 12:53 PM

Hi __ & __,

I am going down to unit __ now. The only remaining thing that XX needs to do is to refinish the parkay. He expects to have this done tomorrow latest,

He will drop off the keys for you tomorrow and you can return them to the office mail slot when done,

Thanks,

Mar 22, 2010 at 12:36 PM

Dear __ - We are pleased for the most part with the repairs done to Unit __ and we thank the co-op for that. You stated in your email dated March 18th, that XX was going to refinish the oak parquet floor on Friday. The floor has not been refinished. We attach photos of same. The living room floor must be professionally sanded and refinished, not just a coat of varathane applied by our maintenance man.

We note that the cold air return vent on the upper floor had not been removed, therefore we conclude that while the top part of the ducts were vacuumed out and the sleeves painted beige, the duct work had not been professionally cleaned.

The kitchen cupboards have not been cleaned. The doors are sticky and the shelves crumbly. The broken vegetable basket in the fridge has not been replaced.

The front door weather stripping needs replacing as do the plastic transition plates for both the front and back doors.

The leaky basement has not been repaired. In writing, please advise us when the co-op will do this work.

Thank you.

Mar 22, 2010 at 2:58 PM

Hi __ & __:

Thank you for your response. As I indicated previously, this is a difficult decision for your Board to take. I note that you have sent your concerns regarding unit __ to the Board and I will co-ordinate a response with their input.

Again, I would like to apologize should you have viewed my letter of March 15th as bullying. In this respect, I would like to clarify one point brought to my attention by a Board member. There was not an intention to "evict", the Board's mandate is that any member is at liberty to remain in occupation of their unit, provided however, overhousing is addressed and the members are agreeable to paying full market for their unit to alleviate our subsidy shortfall.

I will await the Board's reply to your concerns and advise you accordingly,

*****
Apr 22, 2010 at 2:45 PM

Dear __ & Board Members - [Husband's] having cataract surgery on May 12th. He will not be able to lift anything for 6 weeks after the operation. In addition, he is awaiting major surgery in Kingston. I am recovering from surgery myself and await pathology results which could result in more surgery.

The basement in Unit __ has not been repaired. __ (maintenance man), merely painted over the efflorescence and water stain marks. The efflorescence is showing through - we took photos of same.

The unit has been unoccupied since last summer. Since that time there has been a lot of water accumulation from cracks in the basement foundation. You have not indicated to us when the basement will be repaired. If the co-op does not repair this basement, it will affect the integrity of the whole row of houses.

Aside from the chances of being electrocuted, we will not be able to store anything on that basement floor. Anything which comes into contact with this damp, wet surface will develop mould and the problem will expand exponentially affecting our health and our belongings. We sent the photos of the basement leaks to several foundation repair contractors and they have confirmed that this basement needs immediate repair. CMHC's site also confirms this.

In my email to you dated March 22, 2010, I asked you for a copy of CMHC's Ministry of Municipal Affairs and Housing Guidelines giving the co-op direction to deal with the over housing situation To date we have not received a copy of same.

We wrote the co-op on February 2, 2010 [correction - 4th] and again on February 24, 2010 asking for an adjustment to our housing subsidy based on our actual utility costs. We also asked that our subsidy be reviewed once [husband] transitions to Old Age Security at the end of May, 2010. To date, we have not received a response to either of those two letters.

You stated to us that we will lose our subsidy by May 31st, if we do not accept Unit __, which is presently sub-standard. We have no plans of being homeless once [husband] reaches the ripe old age of 65 and in the midst of medical treatment.

Please indicate, in writing, when the co-op intends to fix this leaking basement. Once the basement is fixed and the living room floor refinished, we will negotiate a move in date taking into account our medical interventions.

Photos of active water intrusion in Unit __ attached.

Sincerely -

*****

The co-op decided that there is and never has been a problem with active leaks in the basement and has tactically chosen to retract our subsidy and inevitably evict us.

All in the name of GOOD FAITH!

'As Is' Floor

These are photos of the oak parquet floor in the unit being foisted upon us. The co-op has chosen not to refinish this floor, yet has refinished floors in other units, including a Board member's. The onus would be on me to pay for refinishing this floor - for wear and tear and/or damage which I did not cause.

'As Is' Yards

These are the back yards of the units which we, and another couple in the co-op, are being ordered to move into. You would think that the co-op would have had the decency to clean out the back yards and to fix hazardous decks and/or stairs.