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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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I need assistance with an issue between myself and the condo

Customer Question

Hi i need assistance with an issue between myself and the condo board relating to Air BnB
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: I am in Ontario, Canada
JA: Has anything been filed or reported?
Customer: Their lawyer sent a letter and asked us to pay for it and the lawyer is not threatening to put a lien on the condo
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats the issue currently
Submitted: 9 months ago.
Category: Canada Law
Customer: replied 9 months ago.
The lawyer sent a letter asking that we refrain from doing short term rentals and they said the proof of short term rentals was that we had reviews on air bnb and that the apt is listed for 26 days but in keeping with the condo rules we do minimum 1 month rentals and sent the documentation to the management company. Now the lawyer said that if we dont stop asking them questions and battling him he will charge us more money.
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

Are you saying they are asking for you to pay the letter from the lawyer even though you did not breach the rules?

Customer: replied 9 months ago.
We had the condo up for rent on Air BnB and they sent a letter stating that we were not allowed to do short term rentals but we were away on holiday. Once we got back we cancelled all the reservations and began following the rules stated in the letter but they still insist that we pay the lawyer fees.
Expert:  Debra replied 9 months ago.

OK so you did initially breach the rule, and that is what the letter was about?

And then did they send you another when they thought you were still breaching but you were no longer breaching the rule?

Customer: replied 9 months ago.
Correct.. and they have all the documentation for the current rentals
Expert:  Debra replied 9 months ago.

So it would make sense to have to pay for the first letter because it was required because you breach the rules.

But it is not OK if they are charging you for an allegation that is false.

So instead of writing the lawyer write the Board and state that you understand why you need to pay for the first letter from the lawyer. But then say that after the letter was received you immediately started to adhere to the rules, did not breach any rule after that and will not pay for a second letter.

You can then say that if they register a lien on title you will commence legal proceedings and will be suing the condo corp and seeking an order removing the lien and for an order for your costs.

If the doesn't work you can have a lawyer send a similar letter or you can start a lawsuit yourself.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
Also the letter is $800+ which seems a bit high as well.
Expert:  Debra replied 9 months ago.

But if that is with a lawyer charges then there's nothing you can do about that. And the charge is not for just for the one letter. It is for the lawyer to hear the story and likely even review the bylaws.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?