Real Estate

Can I sue property management company

  • Last Updated:
  • Aug 24th, 2021 9:00 pm
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto

Can I sue property management company

Hey guys, here is the story... I am planning to replace the floor of my condo. I requested the information of underlayment. One of the property management staff provided the information (specific brand). I ordered the underlayment and then the property manager declined my application and told me that "this underlayment doesn't meet their requirement". (But didn't they send me the underlayment requirement?)

The underlayment can't be returned. So the economic damage is around $1k. Can I sue the PM in small claims court? I have everything in email so it's very easy to track the evidence.

I know you guys may say " why bother". But if you see how this property manager talk to people, you will know why I can't let her go...Need some advice. Thanks!
33 replies
Deal Guru
User avatar
Mar 23, 2008
13006 posts
9961 upvotes
Edmonton
You can sue anyone anytime for anything. The question is how much of your time will it take, what’s the likelihood you’ll win, and what’s the likelihood you’ll be able to collect if you do win.

In your case, you should probably also consider the fact that is probably still going to be there after this is over, and your relationship will be even worse than it is now, no matter if you win or lose.

Nobody can tell you what to do, so knock yourself out if you’re really feeling hurt by this. There’s no right answer. But you surely can do so, if you want to.

Oh, and you may want to check your condo documents to see if there’s any mention in there about handling a dispute with the property management company. If there’s a process documented for that, you’d want to start there.

C
Deal Fanatic
Jan 15, 2017
5226 posts
5265 upvotes
Ottawa
Have you considered taking your concerns to the condo board? Why not go to the condo board with your evidence that you relied on information from the property manager that turned out to be incorrect and have now suffered a financial loss as a result. Let the board come up with a solution.
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
Thank you both for the advice. I will start with the board.

For the relationship part, we got 3 different property managers and 2 different property admins in last two years so there is no relationship to be managed.
Deal Addict
Mar 30, 2017
1185 posts
936 upvotes
GVA
when they say specific brand, did they include the model/type?
profit on 6/23/2021 = 117.61% since 11/10/2020 to be exact😎
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
seatiger wrote: when they say specific brand, did they include the model/type?
Yes. very specific requirements.
Deal Addict
Mar 30, 2017
1185 posts
936 upvotes
GVA
violet0114 wrote: Yes. very specific requirements.
so you buy the exact model of underlying and they decline you?
have you shown the property manager the email you get and the specific model you were told to buy? whats his response?
profit on 6/23/2021 = 117.61% since 11/10/2020 to be exact😎
Deal Addict
Mar 2, 2017
3230 posts
6174 upvotes
Toronto/Markham
Let me guess they told you the underlayment brand, you bought it not knowing that condos require IIC 75 rating? That is the only reason they would be declining you, in fact brand is irrelevant, it's the rating that they care about only.

That's a goof up on the management, but you would've signed/seen reno rules/forms that state this, before 'suing' over petty nonsense, ask if the place you bought the underlayment from will exchange it for IIC 80 or IIC 82, it's overkill as a lot of places don't carry 75 now and it's mostly 80 (this whole rating system is a scam btw, but that's for another thread) so you pay a couple pennies more PSF for higher IIC rating and move on.

Also, is this condo 2k sq. ft, how much did you pay for the underlayment per square foot? 1k in underlayment is a whole lot of underlayment.
RE Broker
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
seatiger wrote: so you buy the exact model of underlying and they decline you?
have you shown the property manager the email you get and the specific model you were told to buy? whats his response?
Yes, I bought the exact model. It's so specific that only one company supply's it.

They ignored the evidence.
Last edited by violet0114 on Aug 23rd, 2021 10:31 pm, edited 1 time in total.
Sr. Member
Dec 3, 2019
507 posts
463 upvotes
Ontario
Your condominium declaration or by-laws likely has an indemnity clause for the management company. The manager is really there to represent the board. Essentially you need to sue the condo.

But also be careful here as if it's not a solid case your condominium declaration likely has another clause where if you loose you will have to pay all the condo costs of taking it to small claims. Expert witness, lawyer, etc. The small claims rules will not protect you.

In short don't sue until you understand what the declaration and by-laws say about the above and the floor requirement.


violet0114 wrote: Hey guys, here is the story... I am planning to replace the floor of my condo. I requested the information of underlayment. One of the property management staff provided the information (specific brand). I ordered the underlayment and then the property manager declined my application and told me that "this underlayment doesn't meet their requirement". (But didn't they send me the underlayment requirement?)

The underlayment can't be returned. So the economic damage is around $1k. Can I sue the PM in small claims court? I have everything in email so it's very easy to track the evidence.

I know you guys may say " why bother". But if you see how this property manager talk to people, you will know why I can't let her go...Need some advice. Thanks!
Last edited by buysellbuy on Aug 23rd, 2021 9:38 pm, edited 1 time in total.
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
buysellbuy wrote: Your condominium declaration likely has an indemnity clause for the management company. The manager is really there to represent the board. Essentially you need to sue the condo.

But also be careful here as if it's not a solid case your condominium declaration likely has another clause where if you loose you will have to pay all the condo costs of taking it to small claims. Expert witness, lawyer, etc. The small claims rules will not protect you.

In short don't sue until you understand what the declaration and by-laws say about the above and the floor requirement.
Good to know. Thank you.
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
buysellbuy wrote: Your condominium declaration or by-laws likely has an indemnity clause for the management company. The manager is really there to represent the board. Essentially you need to sue the condo.

But also be careful here as if it's not a solid case your condominium declaration likely has another clause where if you loose you will have to pay all the condo costs of taking it to small claims. Expert witness, lawyer, etc. The small claims rules will not protect you.

In short don't sue until you understand what the declaration and by-laws say about the above and the floor requirement.
They are Mafia…really. The way they talk, like a h*****spit on you.
Deal Addict
Mar 2, 2017
3230 posts
6174 upvotes
Toronto/Markham
violet0114 wrote: They were asking for "Rhino Fiic69". They declined my application because they realized the form said iic72. IIC and Fiic are two measuring systems. And since they were previously asking for Rhino Fiic69 (black and white in writing), I bought Rhino Fiic69, which cost $300 per roll.

I can go to Kijiji to trade but the pm doesn't even apologize for their mistakes and was literally yelling at me. I know they are difficult persons but hey I got evidence this time…
How many square feet per roll, that sounds way too expensive. Where did you buy it? I guess the silver lining is that your condo actually allows IIC72, most condos want more.
RE Broker
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
RichmondCA wrote: How many square feet per roll, that sounds way too expensive. Where did you buy it? I guess the silver lining is that your condo actually allows IIC72, most condos want more.
225 SQ ft per roll from the certified distributor.
Deal Fanatic
Jul 3, 2011
6517 posts
3788 upvotes
Thornhill
violet0114 wrote: They were asking for "Rhino Fiic69". They declined my application because they realized the form said iic72. IIC and Fiic are two measuring systems. And since they were previously asking for Rhino Fiic69 (black and white in writing), I bought Rhino Fiic69, which cost $300 per roll.

I can go to Kijiji to trade but the pm doesn't even apologize for their mistakes and was literally yelling at me. I know they are difficult persons but hey I got evidence this time…
What document do you have that stated Fiic69? Was it in response to a written submission you made for their approval? As all condomiuniums have an renovation approval requirement.

The corporation is fully responsible for whatever the property manager does since the property manager is hired and given the authority to act in the capacity of the corporation for their duties. If they gave an owner incorrect information in writing they're not going to be able to say, sorry, oops, my bad, your loss.

You can deliver a letter to the board detailing the contact with the manager, dates, and provide all documentation including that the conpany you purchased the underlayment from is unwilling to trade or refund. Politely tell them you this an error on the part of the corporation, you would like to be made whole for the cost. Ask them to respond within a couple weeks, and if you know of any meetings they're holding, a response date can be a few days later.

Follow up exactly one day after the response date if it's not rectified, State it has not been rectified and that you would like the full amount from the corporation by no later than - choose a date at least 14 days away.

If it still isn't resolved contact https://www.condoauthorityontario.ca/

As an aside, most condo corps want either the underlay or a %age of the floor covered in carpet/rug. If you have a rug you can ask if they would be willing to accept the Fiic69 with the rug as a compromise.

A thousand bucks is a thousand bucks, you're not paying fees for an incompetent manager!
Last edited by licenced on Aug 23rd, 2021 10:32 pm, edited 1 time in total.
[OP]
Newbie
Dec 24, 2013
55 posts
13 upvotes
Toronto
licenced wrote: What document do you have that stated Fiic69? Was it in response to a written submission you made for their approval? As all condomiuniums have an renovation approval requirement.
Your advice is very much appreciated.

I emailed the PM stating my intention for renovation. The PM emailed back with the application form and a underlayment specification (pdf file) stating Rhino FIIC 69.
Deal Fanatic
Jul 3, 2011
6517 posts
3788 upvotes
Thornhill
violet0114 wrote: Your advice is very much appreciated.

I emailed the PM stating my intention for renovation. The PM emailed back with the application form and a underlayment specification (pdf file) stating Rhino FIIC 69.
I'd go after them and not let go, if I were you.
Deal Expert
Feb 29, 2008
19082 posts
17421 upvotes
Tarrana & The Ri…
violet0114 wrote: Yes. very specific requirements.
They told you specifically what to get. You got it and then they rejected you for getting exactly what they told you? I'd be pissed.
Sr. Member
Mar 14, 2018
946 posts
902 upvotes
GTA
What was their response when you brought up the specific email they sent you? Either they have to admit their mistake or give some round about reason. Hopefully you can capture that in writing (email) to have an even stronger case.

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