Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

Am a condo owner. Am disputing charges that will be uplifted

Customer Question
Am a condo owner. Am disputing...
Am a condo owner.
Am disputing charges that will be uplifted from my bank account on May 31 2015 re proposed repairs to exterior of building other wise a lien of non payment will be placed on my condo
This came as a surprise and was given only a two week notice
Two other payments June and July are to be uplifted as well.
Condo owners have requested General Assembly Meeting to question excessive cost to the tune of 3 million, we want answers re necessity of repairs and costs etc
We fear sticky fingers are involved and conflict of interest.
As I am not signing a check but had set up automatic withdrawal in the past re my condo fees I wish to know how my rights are protected. I plan to request that funds be returned to my account following day should budget be not accepted or ratified on June 2 2015 or at least that funds if not returned to my bank account be applied to future condo fees.
I need your help wording my requests so that my demands be respected legally.
Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Still waiting for your answer
Customer reply replied 2 years ago
I submitted question and payment via amx today May 27 early afternoon.
Still no answer
Answered in 3 days by:
5/31/2015
Lawyer: Tom B., Barrister & Solicitor replied 2 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
Verified
Hello
Just so you know, you made a deposit and did not pay for anything yet. You can get your money back if you desire. Alas a lot of people think we are lawyers in a big room waiting but we are mostly practicing and answer questions in are spare time.
If a builder has not been paid, they only have days to place a lien on a property. They cannot wait or they lose the right to lien which is only a small protection anyway. But, it can affect your property especially if you want to sell or refinance.
If there has been no repairs to the Condo and the lien is false, that is another matter.
It sounds like there are a few issues. You feel that perhaps the work was not necessary and/or the work was not in the best interests of the owners. That is between the owners and the managers and the Board. It could be that there is a law suit there if you are correct with your suspicions.
But, from the view of the contractor, if they have not been paid then some action has to be taken. The contractor just wants payment and again, only has days (45 from last work in most provinces) to lien. So no wonder why there is a threat. I am suspicious as to why the contractor just does not lean now. It is cheap to do and creates focus on payment.
It appears there is no existing lien and that the payments to be deducted take the matter beyond the ability of the contractor to place one. It sounds as though the threat of a lien is being used to explain why the payments have to be taken. A very bad bit of communication between the Manager, Board and Owners in my opinion.
Either the work was authorized or not and done or not and the bill is payable or not. That is the place to start. If work was done on the complex and not paid for, a lien could occur against all owners. Even if out of time on a lien, the contractor can sue and if they get judgment then a judgment can be applied to all units. There is no way of not paying the contractor if the work was done.
I cannot see your bylaws but assume you have agreed for properly authorized debits by Council to be taken from your account.
Unless there is evidence of some fraud on the part of the contractor, they have to be paid. That clears the Owners of any liens or judgments on title. Then, consideration might be made over a law suit against the people who are supposed to be looking after the interests of the Owners.
Requesting funds returned probably will not work. Again, I assume your contract states that Council can withdraw as required. This issue is solely whether the contractor's bill is proper and if so, why and how was it incurred without the knowledge of the Owners. The latter is an internal matter within the complex.
At this point it sounds like you need more information about the transactions than you have. Raise your concerns at the meeting including why the contractor has not been paid if properly authorized. No Owner should have no notice on such a matter with no real lien probably. The contingency fund should cover and then the Owners work it out.
The situation is difficult to predict on your facts. But it seems the lien is not real and that there is a movement to collect before Owners have been properly informed.
Ultimately, either the parties will come to an agreement on these bizarre facts or some Owners will need to consult their own lawyers with all paperwork including bylaws in hand.
Please let me know if I can be of further service.
Kind regards,
Tom
Ask Your Own Canada Law Question
Ask Tom B. Your Own Question
Tom B.
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
2,415 Satisfied Customers
Experience: 25 years in practice

Tom B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,415 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

57,448 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

216 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I have real estate question. For canada. Need Canadian real
i have real estate question JA: What steps have been taken so far? Has any paperwork been prepared or filed? Customer: for canada. JA: Have you talked to a Canadian lawyer about this? Customer: nope..… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I am in Ontario Canada and my landlord wanted us to sign an
I am in Ontario Canada and my landlord wanted us to sign an illegal new lease, we refused and they harassed us repeatedly to sign new terms. Since we refused, they are now siting medical marijuana bei… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I am a victim of scam. Do you have any associate in Calgary
Do you have any associate in Calgary I can refer to directly … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
If you can't work for a while when you've been hit from
If you can't work for a while when you've been hit from behind in a minor açcident and your job doesn't pay sick days what do you do for income? … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
We helped our son financially with the understanding we
We helped our son financially with the understanding we could build a home on the property of which at the time my husband and I were named on, however when the mortgage was renewed they requested our… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
My former husband is in contempt of a USA child support
My former husband is in contempt of a USA child support order. He lives in Montreal, Quebec. How do I go about registering the order for enforcement in Quebec? … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Great! I have completed my application for citizenship and
Great! I have completed my application for citizenship and have just two questions. Can you help me with them? … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I had a meeting with my CAS worker today, I asked for a copy
Hello. I had a meeting with my CAS worker today, I asked for a copy of the file disclosure and she denied it, is she allowed to do it? How do I go abouts getting the disclosure? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,075 satisfied customers
Citizen and worked in usa on work permit and found I was set
My name is***** am Canadian citizen and worked in usa on work permit and found I was set up in 2009 nov to work in Michigan by parent company LtC global CIO who send me against recently purchased bank… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I am a tile installation company. I'm in Canada. I am owed
i am owed 35 000 dolllars. Have waited 30 days based on my contract. No payment has been made.… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
My common law has been separated for 9 years but not
my common law has been separated for 9 years but not divorced. We own a house together . Is his wife entitled to our home and his pension? … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
I m going to break a employment agreement, where it states
i m going to break a employment agreement, where it states that if i break my contract i have to pay some amount for number of billable hours i worked. so is this billable hours are client billable or time from when i started getting billed even if i am not on the client side … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
My home is 3 days past the 20 day period. how before we have
my home is 3 days past the 20 day period . how long before we have to leave the longest and the shortest?:( … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
If I've saw my girlfriend (now ex) type in her password and
If I've saw my girlfriend (now ex) type in her password ***** subsequently, logged on to her Facebook numerous times and on her email once, would her police report prompt a criminal investigation and … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
My ex husband wants FRO costs to be paid by me. It is
My ex husband wants FRO costs to be paid by me. It is 1,000.00. He can't obtain this from me because the judge did not order it. However he says he is going to put a lein on my house if I don't pay hi… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Are there different types of drivers tests? I do not have a
no. I asked for a memory test since my mom and 1 brother have Alzheimer … read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
In calgary,Ab Canada. But my case is under investogation and
Yes. But my case is under investogation and they said that there is nothing but wait to eithed get charge or nothing. … read more
CaptanLaw
CaptanLaw
Lawyer
Juris Doctor (Law Degree)
216 satisfied customers
I have been working with a security Company for more than 3
Hi, I have been working with a security Company for more than 3 years. My rate is 11.50 per hour. Recently, I found another security who has been working with us only for a couple of months is receivi… read more
Debra
Debra
Lawyer
Doctoral Degree
57,448 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x