Important Notice to All Owners with Enclosed Balconies
Dear Fellow Owners,

I am writing to inform you about an important issue regarding our enclosed balconies and to seek your support in addressing it collectively. Recently, I have encountered significant problems related to the maintenance and repair responsibilities of these balconies, which were initially approved by the builder and for which we paid extra.

Below, I have detailed my experience and concerns with the current demands from the corporation, as well as potential legal issues with their stance. Your awareness and involvement are crucial as we consider our options moving forward.

• Key Points from the Letter
  Section 98 Agreement: The letter references an alteration agreement pursuant to Section 98 of the Condominium Act, 1998, which involves the alteration (the enclosed balcony) being the owner's responsibility.
• Owner's Responsibility: The agreement states that the owner is fully responsible for the maintenance, repair, replacement, and insurance of the alteration (the enclosed balcony).
• Indemnity and Release: The owner agrees to release the corporation from any claims and to indemnify the corporation against any losses related to the alteration.
• Insurance: The owner must maintain property and liability insurance for the alteration.
• No Further Changes: No further changes to the alteration can be made without written consent from the board.
• Removal for Maintenance: The corporation can require the owner to remove the alteration temporarily or permanently if necessary for building maintenance, at the owner's cost, and the corporation is not responsible for restoring the alteration.
• Registration on Title: The agreement will be registered on the title of the unit, binding future owners.

Potential Legal Issues

• Retroactive Application of the Agreement: If the alteration was approved and installed long before the current legislation (Condominium Act, 1998) came into force, the retroactive application of these terms could be questionable.
• Owner's Initial Investment: Owners paid extra to have these enclosed balconies installed by the builder. This investment and the initial terms of approval (if any) should be carefully reviewed to determine if the current demands contradict any earlier agreements or assurances.
• Reasonableness of Terms: The terms requiring the owner to bear all costs for repairs and potentially remove the alteration at any time may be seen as overly burdensome and unreasonable, especially since the balconies were initially approved by the board.

Next Steps
The terms of the agreement and the corporation's demands raise several potential legal concerns. Consulting with a real estate lawyer will be crucial in determining the best course of action and ensuring your rights are protected. I will be hiring a lawyer to take this issue forward, so please join me to make sure that we can protect our rights as owners. 

Your support and involvement in addressing this matter are highly valued. Please reach out to me at mobelghis@yahoo.ca if you are willing to join forces or need further information.

Thank you for your attention and cooperation.

Sincerely,
Mohammad Belghiszadeh
Unit 808, 5 Old Sheppard Avenue
Toronto, Ontario
mobelghis@yahoo.ca
403-616-1719

 

Actions for Owners Who Have Already Signed the Agreement
If you have already signed the Section 98 Common Elements Alteration Agreement due to a lack of proper explanation or misrepresentation by the office, you may have the grounds to revoke your signature based on the following potential issues:

1. **Misrepresentation**: If you were misled or provided with false information about the nature and consequences of the agreement, you might have grounds to claim misrepresentation.
2. **Lack of Informed Consent**: For a contract to be valid, the parties involved must have a clear understanding of what they are agreeing to. If the office did not adequately explain the contents and implications of the letter, this could be grounds for arguing that you did not provide informed consent.
3. **Duress or Undue Influence**: If you felt pressured or coerced into signing the agreement, you might be able to argue that your consent was not given freely.
4. **Unconscionability**: If the terms of the agreement are excessively unfair or one-sided, a court might find the contract to be unconscionable and therefore unenforceable.

### Steps to Take
1. **Consult a Lawyer**: Seek legal advice from a lawyer specializing in real estate or condominium law.
2. **Gather Evidence**: Collect all relevant documentation, including emails, letters, and any communications from the condominium office.
3. **Request a Meeting with the Board**: Formally request a meeting with the condominium board to discuss your concerns and seek a resolution.
4. **Send a Formal Letter**: Send a formal letter to the corporation stating your intent to revoke your agreement, citing the reasons (misrepresentation, lack of informed consent, etc.).
5. **Consider Mediation or Arbitration**: These alternative dispute resolution methods can be less adversarial and may provide a quicker resolution than going to court.
6. **Legal Action**: If the matter cannot be resolved through the above steps, consider taking legal action to have the agreement revoked or declared unenforceable.

 

 

### Example Letter for Revocation
Here is a sample letter that you might use to begin the process of revocation:

 

[Owner's Name]
[Owner's Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]

Date: [Today's Date]

[Corporation Name]
[Corporation Address]
[City, State, ZIP Code]

Dear [Corporation Representative's Name],

I am writing to formally notify you of my intention to revoke my signature on the Section 98 Common Elements Alteration Agreement signed on [Date of Signing]. This decision is based on the following grounds:

1. **Misrepresentation**: I was led to believe that the agreement solely pertained to the addition of the balcony to my title, without a full explanation of the associated responsibilities and liabilities.
2. **Lack of Informed Consent**: The full implications and details of the agreement were not adequately explained to me at the time of signing.
3. **Duress/Undue Influence**: [If applicable, include any specific pressure or influence experienced.]

Given these circumstances, I assert that my consent to the agreement was not fully informed or voluntary, rendering the agreement voidable. I request a meeting with the condominium board to discuss this matter and seek a resolution.

Thank you for your prompt attention to this matter.

Sincerely,

[Your Name]