The commercial owner has refused to pay thousands of dollars in outstanding amounts they owe to the Spadina Condominium Corporation. Further, they have rejected all requests for a review of invoices following a resident review of 2014 invoices where some $30,000 in inappropriate expenses were either paid or submited for payment at the time. Thousands more in illicit or inappropriate expenses since that review are suspected.
Subsequent to that review, the commercial owner refused to pay their share of Reserve Fund expenditures as are outlined below. Obviously, a further resident review is urgently required.
- Fob access installation 4th floor $ 5,013
- Bike racks 2,360
- Carts 1,069
- Fob access front door (unit #1) (est) 2,000
Invoice to be provided $10,442
$10,442 x 44.31% = commercial share $ 4,626.85
Commercial tenant improvements paid by 7,000.00
Spadina (Nickel invoice-additional heating lines
for new tenant) est. $11,625.85 Due from commercial owner The commercial owner is responsible for payment of the above including interest as per the following Bylaws and the Condominium Property Act:
BYLAW NO. 3 (vii) 44.31% of the common expenses and all other reserve fund expenses relating to the common room, hallway, kitchen, bedroom, exercise room, washrooms, shower, sauna, and pool area as shown on Level 4 of the Condominium Plan, other than for decorating, furnishings or exercise equipment
BYLAW NO.3 (xi) 44.31% of all other common expenses and reserve fund expenses not otherwise allocated
BYLAW NO.1 (10.3)(d) The common expenses fund which has been designated for the Commercial Property shall be used only for the common expenses allocated to the Commercial Owner as set out in Bylaw No.3.
CONDOMINIUM PROPERTY ACT 59(1) A contribution that is required to be made by an owner to a reserve fund or a common expense fund and that remains unpaid on its due date is to bear interest, calculated for the period commencing on the due date and ending on the day of payment, at a rate fixed from time to time by special resolution.