glok68

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Window Coverings

i forgot that point !
your lawyer is right. if something is 'secured', it's considered a fixture and part of the condo.

Times Group Corporation is leaving a bad taste in current owners mouths, and possibly putting off future buyers with this cash grab.

i wonder if similar fees were charged at any of their other projects.

Hi Folks,

Glad to see other in the 500 are talking about this window coverings issue.

In terms of the coverings being considered fixtures here's what our lawyer had to say about it:

"The tracks are usually considered fixtures but anything hanging from the tracks is considered a chattel.
This legal theory is mostly applied when dealing with drapery tracks. The people leave tracks but take the drapes.
If the blinds can be easily removed from the tracks then, in my opinion, they can be removed.
If they cannot be easily removed from the tracks, then they become a fixture.."

I would have to take a closer look but from what I've seen from other coverings, I would say that they are generally easily removed so I am not sure how far this particular arguement could go.

We received the second letter with the 25% discount offer and wanting to resolve this issue we countered by saying we would accept a 50% discount. This would be about what we would've paid for window coverings and we were prepared to live with this settlement. However, they rejected it and said they would remove them after we closed. I don't know how serious they are about this as they would have to pay for someone to do this and then they wouldn't be able to re-use these coverings as they are custom fit to size.

Personally I think they screwed up so they should pay the piper and just leave the coverings in place.

Is there a group of owners getting together to issue some kind of collective response? We would be interested in joining, is there someone organising this?
 

WeirdFishes

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If they come in to take them down, make sure they also patch up any holes in the wall so the area appears like new. Make sure they are not lazy and just tear them down. Make them take any hardware off the wall, just to be a pain. I would counter with your lawyer and state this too so it's in writing... This will make it even more crazy for them to spend the extra time to do this.

Honestly, someone should go to the press about this. The condo section in the Star would eat this up. It's a really crazy story about a bad builder ;)

At least I know who to stay away from for my next condo.
 

shelfun

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A quick question... If we take the "deal" of removing the blinds after closing, doesn't it mean that we'll have to give them permission to enter our unit? Say; nobody is at home during the week & we are only available on some weekends, can they legally demand a date from us?

As far as I know, if they remove the blinds they will have to patch up any holes and clean up any mess.
 

littlemonkey

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So the latest email I got from Jennie after proposing a 50% discount was they are standing firm on 25% discount. I told them for a this large of a blinds project the prices were very inflated since I have done my own and my clients blinds in the past and the price they quoted was the highest I have seen. I truly believe they just made up some prices because they are charging HST and these blinds were installed in April 2010 so HST shouldn't be charged, GST should be charged. Jennie said she will look into it with the lawyer about that. I understand not paying for the blinds on closing and them coming back to remove the blinds after closing but since the unit is tenanted, that is a lot of work. I am going to push for the 50% discount again and see what they have to say. Let me know if anyone has gotten anywhere with them and if you blinds were installed prior to July 1, 2010, you should only being paying GST just like your upgrades.
 

littlemonkey

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Also I wonder if we can get Tarion involved somehow in this. I am going to call them now to see.


Edited to say: Spoke to Tarion and from a warranty standpoint, we can submit in the 1 year form and patches or holes or anything that is damaged with the removal of the blinds and tracks.
 
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shelfun

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Should we "address" the note to "Owner of unit", maybe some tenants will forward it to the owner? I know on my floor, only 3 units are owned & the rest are rentals.

I'll print out the final version on Friday & drop them off. I'm on 16th, I can cover 15th - 17th. Hopefully we get some who will cover in between.


Hi,

See if this attachment works for you: View attachment 6265

If not, it is basically just the following text (format as need be).

CONCERNED ABOUT THE COST OF BLINDS?

Did you get a letter from Times Group telling you that you had to pay for the blinds that were installed in your suite? Did you order these blinds? If not, do you think you should have to pay? Some of us don't!!!

Don't sign the letter! Pass it along to your lawyer first and they can check your Agreement of Purchase and Sale to see if you are obligated to pay for these blinds.

Some of your neighbours at 500 Sherbourne are talking online about the blinds (and other issues too).
Join them at http://tinyurl.com/500blinds/page20

(http:// urbantoronto.ca/showthread.php?9554-500-Sherbourne/page20)
 

shelfun

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JayBee, all the PDI items are fixed for us. We had to constantly bug them.

On a separate note, I am gonna start shopping for blinds AGAIN! Anyone with good reference? I was looking at Hunter Douglas before. Pricey but seems like really good quality.

For those who wants the existing blinds remove & install new ones of your choice, maybe we can all go to the same place & see about getting some kind of "volume discount". What do you think?
 

cityboy

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I still have one small item left unresolved on my PDI. Not worth pursuing them anymore.

I'm sure when closing, they will include a waiver that allows them to enter your suite to remove the blinds. As for the holes left behind, I doubt they will patch them.

As for quality of builder, they were good. Other builders have suprises waiting for purchasers at closing as well.

As another poster mentioned, I am going to respond with an offer to buy the blinds (low ball) and if they refuse I will have the builder remove.
 

nohotmess

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I was shocked and furious to get a bill for window coverings $900 at the end of Dec. 2010. There was nothing in my purchase and sale agreement about it and in fact when I did the PDI, I said to Kyle, "Wow, they put shades up?" (I have purchased condos in the past and window coverings were never installed). He said, "Yes, they decided to throw those in at the last minute no charge just so that the whole building would have a uniform appearance". I was very impressed at that point (June 2010). I feel very betrayed now. This letter arrived a few days before Christmas and I was too stressed out and upset to even deal with it then and let them ruin my holidays. I have not responded and don't intend to pay. I feel like this is a last minute cash grab just before closing. It is very low, sneaky and undermining. If it was ever their intention to charge us, why not tell us alot sooner??? Why not ask our permission or get our consent or ask us if we want to participate? Why such an enormous amount and why charge HST??? I am SOOOO upset. I still have lots of outstanding defeciencies. I would never buy from this builder again!!!
 

doug

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I'm sure when closing, they will include a waiver that allows them to enter your suite to remove the blinds.

The developer has 5 years after registration to enter your suite, at their convenience, to fix any deficiencies.
 

yangsui

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Just came back from my rounds with the flyer. I covered floors 9 through 12. A few units are still unoccupied, many units are actually being rented. I asked renters to pass the flyer on to their landlords. Hopefully that will bring a few more neighbours to the discussion.

I got a chance to talked with many neighbours during the rounds. The consensus is that the extra cost of the blinds is total BS. What people are doing is not much different from what's already been discussed here so far.

One lady mentioned that her lawyer suggested talking to neighbours and maybe organize some sort of group action.
 

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