DOCUMENTS - Condominium Act

'DOCUMENTS' That Always Keep You Updated & In The Loop

*** 2 VERY IMPORTANT (for condo owners) DOCUMENTS, A MUST READ ***

*** IMPORTANT, A MUST READ & DO ***
Read the 'Canadian Condominium Owner Bill of Rights©'
then sign the petition to Prime Minister Justin Trudeau to show that you are fed up with the corruption & abuse in the Condo Industry in Alberta. Enough is enough, Show your support of our proposed Bill of Rights and have your family, friends and contacts sign the petition (because you don’t have to own a condominium to demand reasonable, inclusive, fair and balanced legislation)
{
FOR ALL THE ABOVE INFO CLICK HERE}

*** ALSO VERY IMPORTANT ***
FOR MORE INFORMATION AND A THOROUGH CLARIFICATION OF
"what is the Alberta Condo Act Team  26 improvement ideas goal "   VERSUS   "Bill 9 Bylaw rules & reg's as they now stands"         

{CLICK HERE}

To go to the 'Alberta Condo Act Team' (ACAT) website, please click this link:

 ALBERTA CONDO ACT TEAM WEBSITE

To go to '2018-NDP Betrays- Names of Service Alberta supported condo industry insiders re condo legislation.
{CLICK HERE}

Dec 3, 2017
Here’s ANOTHER UGLY and POTENTIALLY COSTLY condo trend?

We’re hearing of condo boards, managers, lawyers, and other condo industry insiders, arbitrarily, at will, with no permission from condo owners, or approval from anyone to do so, selectively and subjectively “REDACTING” (fancy word for removing, eliminating, doctoring, sanitizing, not disclosing) information related to:
events, issues, actions, and decisions made by condo boards as they represent our condo corporations which are our homes.

This redacting often takes place on condo board meeting minutes or AGM minutes although it is not limited to those documents.

The rationale used for “doctoring” or sanitizing documents is that disclosing certain information might violate the Privacy Act or information that is “legal”.

That rationale, on something this serious for condo owners, is nonsense because there is a way to describe sensitive issues if the political and industry will was there to do it!

This redacting trend could be particularly damaging to both NEW and EXISTING condo owners because it could cause significant legal and financial grief.

Here’s what could happen. Consider that the purpose of recording minutes, of any kind, for any entity, is to capture a TRUTHFUL and COMPLETE HISTORY OF THE ENTITY:
in our case, A TRUTHFUL AND COMPLETE recording of events, issues, actions and decisions made by our condo boards on behalf of our condo corporation/our homes.

Wouldn’t you want to know if your condo board (among MANY other things):
was involved in a lawsuit?
had lost a lawsuit that resulted in your condo complex having to sell a significant condo corporation asset that could reduce the overall value of your actual condo and the complex at large?
had won a lawsuit that resulted in the condo corporation receiving any type of remuneration?
was threatening an owner, or perhaps number of owners, with legal action? was being threatened by a condo owner, or perhaps a number of owners, with legal action?
was working to collect overdue/outstanding money from any number of owners?
was planning a future special assessment (particularly if condo board member units were for sale)?
was planning a future major repair or renovation?
(as above) was exempting, for any number of reasons, condo board members of certain fees or special assessments because of their “contribution to the corporation”?

was paying various amounts of money to condo board members to be a security person, landscaper, or handyman (or all of the above)?
was picking up the tab for entertainment, treats, or dinners out for the condo board – all done at condo owner expense via their condo fees?was banning condo owners from speaking to the condo board on certain issues?
was dealing with water damage, mold challenges, bedbug concerns, fire issues, break-in/safety problems within certain units or the overall complex?and the list goes on ...

The problem with any type or amount of condo information redacting is that it is a slippery slope – particularly when it is arbitrarily done by an unlicensed, unregulated, untrained in condo board governance, sometimes ill-informed, self-serving, and/or sometimes (unfortunately) unethical
VOLUNTEER board members who could be guided by condo managers and lawyers.

We see the risks of such action to us as condo owners as being massive and here are only a few potential ramifications.

FIRST: We would not be able to rely on the TRUTHFULNESS and COMPLETENESS of ANYTHING we receive from our condo board, manager, lawyer, or any other condo industry insider.

How would we know what was left out of received information? We wouldn’t know and there would be no way to find out the scope of information that was left out.

That is completely unacceptable when disclosure, openness, and transparency is deemed critical to maintaining the trust of investors (which we are in our condo corporations).

SECOND: Imagine the fragile ground NEW condo purchasers, or EXISTING condo owners who might be changing complexes, will be on.

Let’s assume they ask for the condo documents; receive them; hopefully take them to a credible condo document review person to review prior to the sale finalizing and the condo document review person gives the documents the stamp of approval – not knowing that there are hidden “nightmares" lurking in the redacted information.

We haven't even touched on the involvement of the real estate agents for both sides because they too will be drawn into the situation.

The bottom line is that neither the seller, purchaser, the seller's real estate agent, the purchaser's real estate agent, or the reviewer will be able to count on condo documents being TRUTHFUL AND COMPLETE leaving everyone involved vulnerable to legal action.

(And you've probably heard the joke in legal circles on this type of situation: "When in doubt who to sue, sue everyone and let God work it out". Some people think that's funny.)

THIRD: Let’s say a sale is finalized based on approval of the received documents. The current owner moves out: they have their money for alternative housing and they “move on”.

The new owner moves in only to learn from "whomever" about a number of issues that were not disclosed in the condo documents.

That leaves all involved parties well positioned to be hit with a lawsuit where the new owner can claim:
“You mislead me. If I had known then what I know now I would have never bought this place and now I am going to sue all of you for what you did to me.”
THE RESULT: potentially all FIVE (5) people, and possibly even the condo board members, could be in for a costly, stressful, time consuming, legal battle where no one will really “win”, except for the lawyers and their billable hours.

Our Alberta Condo Act Team position on redacting condo related information is simple: it is exactly the same as our position on banning proxies.

We expect the NDP Government to create specific legislation that clearly states:
"There is to be NO redacting/removal of ANY information related to condominium corporation events, issues, actions, or decisions."

Service Alberta can direct the Privacy department to provide specific verbiage and standards on how to write narrative disclosing sensitive personal and legal information.

That should be part of their job to guide Albertans on how to honour the Act while being truthful, complete, open and transparent in their documentation.

There is a way to record information so NEW purchasers and EXISTING owners are informed, in writing, of "red flag" condo corporation/complex issues.

If the NDP Government and Service Alberta doesn’t do that, and they allow this undermining, slippery, and suspect procedure to take hold, they will be:
▪setting NEW AND EXISTING OWNERS up for costly conflict and stressful ownership and living
▪setting the above individuals up for potential legal challenges that most Canadians cannot afford
▪assisting volunteer condo boards, managers, lawyers and the industry at large to misrepresent condominium information in our records and basically lie, through non-disclosure, lack of openness and transparency, to both new and existing Alberta condominium owners.

Harsh as that might sound – that is the reality. The statement "anything that obscures the truth is a lie" applies to this situation in a major way.

We realize it is not necessary for a condo board to provide extensive details on events, issues, actions, and decisions, however ...

it is very important for readers to easily see in the condo documents that X number of people are behind in condo fee payments, special assessment payments, or fines

OR X number of people have been fined for whatever reasons (and learn what is happening with the "fine" money)

OR what action the condo board is taking to prevent a fourth flood and remove mold in the building

OR who is being paid what to provide services to the condominium corporation

OR to record information on any of the questions posed at the start of this newsletter.

It’s simple:
if Service Alberta can’t specifically identify how sensitive information should be scripted and documented to protect individual privacy, while at the same time disclosing ALL condo corporation events, issues, actions, and decisions then there a deeper problem with the Privacy Act.

Government should be able to provide insight, protocols and leadership and if they can't, it's time to evaluate the effectiveness of the Act considering that condominium living is now a large scale housing option.

In closing, the issue of what information is included, and what information is redacted, is not a decision that should be left to condo boards, managers, lawyers and other condo industry insiders as they all have something to gain if this procedure is allowed to stand.

The NDP Government needs to be non-negotiable on this topic and ban redaction of information as requested above.

Last, we have posted a sample letter at
ALBERTA CONDO ACT TEAM WEBSITE in the DOCUMENTS tab entitled “NO REDACTION OF CONDO INFORMATION”.

We encourage you to print and send the above letter to Premier Rachel Notley, Service Alberta Minister Stephanie McLean, and your MLA.

They are the only three people who can stop this dangerous concept from taking hold.

Feel free to personalize it to your liking! We also have a number of new members and it's important for everyone to know that we are not aligned with any condo industry associations or their off-shoot owner groups.

There is no charge to join our network; we don't "sell" anything; we are unpaid volunteers; and no one gets paid.

If you can help with our CORE operation costs, and if you haven't already, please consider a donation of $10 (or more if you can swing it) to help with our on-going operating costs (paper, ink cartridges {just bought some on sale at $104.94 plus tax}, the website and email costs, etc.).

Any money left at the end of our "mission" goes 50/50 to the Veteran's Food bank and the SPCA.

Here's our Go Fund Me link and THANK YOU!
GO FUND ME LINK

As well, for years we have asked to be involved in the Government's design of condo legislation that will directly affect those of us who pay all the complex bills and special assessments; contribute to the salaries of condo managers, lawyers, and other condo industry insiders; and we are the single largest condo related stakeholder group in Alberta.

Please sign our petition to Premier Notley to have that happen. Here's the link:
PETITION TO PREMIER NOTLEY TO BE INCLUDED

If you are a "facebooker" here's the link to our site:
ALBERTA CONDO ACT TEAM (ACAT) FACEBOOK PAGE

Any questions? Please send them to
ALBERTA CONDO ACT TEAM CONTACT SITE

We have added our request to ban redacting of ANY condo related events, actions, or decisions to our list of "Improvement Ideas" a copy of which is at our website. It's dated December 2017.

A copy of the updated Improvement Ideas will be sent to Government.

PLEASE pass the word of our work to your neighbours, family and contacts and have them sign up for our newsletters at
ALBERTA CONDO ACT TEAM WEBSITE .

We just updated the website so you might want to review that as well.

Thanks again for your support - we really appreciate it.

Remember, access the REDACTION letter – modify it to your satisfaction and send it to the three people mentioned above.

To be continued ...

June A. Donaldson (MBA, EdD, Mediator, Arbitrator, Founder: Alberta Condo Act Team)
My website disclaimer applies to this newsletter and all condo 

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