New Occupancy Date

I don't know if this is the appropriate forum to discuss this, but please do direct me if not.

My occupancy date was apparently changed from August 1 to December 8 in a letter purportedly sent to me by registered mail in April. I never got the letter. I've sold my condo, to be closing within next few days, anticipating the move into Aura August 1 after temporarily staying with a relative for a few weeks. I had also been in contact with Aura these past 2 months about my PDI and Dec 8 was not noted or at least not conveyed to me. The new date came up to my attention only because I asked my lawyer if she has heard from Aura about occupancy when I saw her for closing sale of my present condo. She was later told by the Vendor's solicitor office that the new date was sent to me in April. Today the site administrator sent me a pdf copy of the letter dated April 11 with the new occupancy date of Dec 8, by registered mail. How could I possibly not received the letter? Meantime, I have moved out, with my things in rented warehouse storage and staying with relatives. I am in despair as I will be in limbo for these many months and paying rent on storage monthly. Has this happened to anyone and what is now my recourse? Your suggestions much appreciated please!
 
Bungaraya said:
I don't know if this is the appropriate forum to discuss this, but please do direct me if not.

My occupancy date was apparently changed from August 1 to December 8 in a letter purportedly sent to me by registered mail in April. I never got the letter. I've sold my condo, to be closing within next few days, anticipating the move into Aura August 1 after temporarily staying with a relative for a few weeks. I had also been in contact with Aura these past 2 months about my PDI and Dec 8 was not noted or at least not conveyed to me. The new date came up to my attention only because I asked my lawyer if she has heard from Aura about occupancy when I saw her for closing sale of my present condo. She was later told by the Vendor's solicitor office that the new date was sent to me in April. Today the site administrator sent me a pdf copy of the letter dated April 11 with the new occupancy date of Dec 8, by registered mail. How could I possibly not received the letter? Meantime, I have moved out, with my things in rented warehouse storage and staying with relatives. I am in despair as I will be in limbo for these many months and paying rent on storage monthly. Has this happened to anyone and what is now my recourse? Your suggestions much appreciated please!
Click to expand...

Occupancy dates are never set in stone. They always...like 95% of the time get delayed...and usually get delayed several times. You're going to have to suck it up. Maybe rent a furnished place for a few months. Not ideal, but you don't have many options. The only way you can get some money out of them is if they gave you a firm and NOT tentative occupancy date of August 1st. Read this: https://www.tarion.com/Warranty-Pro...ayed-Occupancy-Warranty-For-Condominiums.aspx

Talk to Tarion.
 
Bungaraya said:
I don't know if this is the appropriate forum to discuss this, but please do direct me if not.

My occupancy date was apparently changed from August 1 to December 8 in a letter purportedly sent to me by registered mail in April. I never got the letter. I've sold my condo, to be closing within next few days, anticipating the move into Aura August 1 after temporarily staying with a relative for a few weeks. I had also been in contact with Aura these past 2 months about my PDI and Dec 8 was not noted or at least not conveyed to me. The new date came up to my attention only because I asked my lawyer if she has heard from Aura about occupancy when I saw her for closing sale of my present condo. She was later told by the Vendor's solicitor office that the new date was sent to me in April. Today the site administrator sent me a pdf copy of the letter dated April 11 with the new occupancy date of Dec 8, by registered mail. How could I possibly not received the letter? Meantime, I have moved out, with my things in rented warehouse storage and staying with relatives. I am in despair as I will be in limbo for these many months and paying rent on storage monthly. Has this happened to anyone and what is now my recourse? Your suggestions much appreciated please!
Click to expand...

At one time, this changes in occupancy dates, and resulting problems for the purchasers, were common.

About 2/3 years ago, Tarion set firm rules for the change in occupancy dates. If my memory is correct, a developer now can change the 'firm' occupancy date only twice. If there is a third change in the 'firm' occupancy date, then, the developer is obliged to reimburse the purchaser any out of pocket expenses for renting a temporary accommodation.

I purchased a unit in AURA on 62nd floor in March 2008. Under the purchase agreement, tentative occupancy date was June 23, 2012. It was not worth paying any attention. During the subsequent period, I received a few letters giving 'tentative' occupancy dates. Once again, not worth paying attention. All these letters were sent by regular mail.

On April 11, 2014, I was informed by a registered letter that the 'confirmed' occupancy date is August 27, 2014. About a week ago, I received another registered letter stating that the revised 'confirmed' occupancy date is October 17, 2014. In these letters I was told that I will be contacted about PDI only when the unit is fully ready for inspection. Further that this 'confirmed' date could be changed again under clause 14(d) (ii) of the purchase agreement. If you have copy of purchase agreement with you, then, please, have a look at this clause.

These tentative dates and changed 'confirmed' occupancy dates have played 'havoc' with the finances. To reduce interest changes during the occupancy period, I want to pay down as much additional amount as possible. Because of this uncertainty about actual occupancy, I could not invest money on 'long term' basis. But, then, that's the way cookie crumbles -- as the saying goes.
 
Last edited:
Thanks to all for your input about my posting. My point is I have never received the letter dated April 11, 2014 informing me of the change of occupancy date from Aug 1 to Dec 8. If sent by registered mail, won't I have to sign and acknowledge receipt of it? In past year, I have received two change-of-date letters but via regular mails, not registered. Do I have a case to bring up to Aura or just have to 'suck it up' as one post suggested? Thank you again.


KA1 said:
At one time, this changes in occupancy dates, and resulting problems for the purchasers, were common.

About 2/3 years ago, Tarion set firm rules for the change in occupancy dates. If my memory is correct, a developer now can change the 'firm' occupancy date only twice. If there is a third change in the 'firm' occupancy date, then, the developer is obliged to reimburse the purchaser any out of pocket expenses for renting a temporary accommodation.

I purchased a unit in AURA on 62nd floor in March 2008. Under the purchase agreement, tentative occupancy date was June 23, 2012. It was not worth paying any attention. During the subsequent period, I received a few letters giving 'tentative' occupancy dates. Once again, not worth paying attention. All these letters were sent by regular mail.

On April 11, 2014, I was informed by a registered letter that the 'confirmed' occupancy date is August 27, 2014. About a week ago, I received another registered letter stating that the revised 'confirmed' occupancy date is October 17, 2014. In these letters I was told that I will be contacted about PDI only when the unit is fully ready for inspection. Further that this 'confirmed' date could be changed again under clause 14(d) (ii) of the purchase agreement. If you have copy of purchase agreement with you, then, please, have a look at this clause.

These tentative dates and changed 'confirmed' occupancy dates have played 'havoc' with the finances. To reduce interest changes during the occupancy period, I want to pay down as much additional amount as possible. Because of this uncertainty about actual occupancy, I could not invest money on 'long term' basis. But, then, that's the way cookie crumbles -- as the saying goes.
Click to expand...
 
Bungaraya said:
Thanks to all for your input about my posting. My point is I have never received the letter dated April 11, 2014 informing me of the change of occupancy date from Aug 1 to Dec 8. If sent by registered mail, won't I have to sign and acknowledge receipt of it? In past year, I have received two change-of-date letters but via regular mails, not registered. Do I have a case to bring up to Aura or just have to 'suck it up' as one post suggested? Thank you again.
Click to expand...

If the letter was sent by registered mail, then, post office must have had someone sign a receipt when the mail was delivered. You should ask for a copy of the receipt to see as to who signed for the receipt for the letter. That should clear the matter and will form the basis of your next step(s).
 
+ 1

KA1 said:
If the letter was sent by registered mail, then, post office must have had someone sign a receipt when the mail was delivered. You should ask for a copy of the receipt to see as to who signed for the receipt for the letter. That should clear the matter and will form the basis of your next step(s).
Click to expand...
 
KA1 said:
If the letter was sent by registered mail, then, post office must have had someone sign a receipt when the mail was delivered. You should ask for a copy of the receipt to see as to who signed for the receipt for the letter. That should clear the matter and will form the basis of your next step(s).
Click to expand...

Exactly what you should do.
 
Please redirect me if I'm posting in the wrong discussion.

I own a condo at Aura and have an issue with the parking garage door and wanted to see if others have experienced similar problems. When the garage door is closing, no sensors watch for incoming cars or pedestrians and prevent it from hitting objects as it closes. Even pressing 1 (open) on your fob won't make it stop closing. Last week I was driving down the ramp and saw that the door was open so I continued driving down. When I reached the bottom the top of my windscreen and roof hit the bottom of the garage door. Unbeknownst to me, the parking garage door had starting closing while I was driving down. Has anyone else experience anything similar?

Thanks,
 
latifimr said:
Please redirect me if I'm posting in the wrong discussion.

I own a condo at Aura and have an issue with the parking garage door and wanted to see if others have experienced similar problems. When the garage door is closing, no sensors watch for incoming cars or pedestrians and prevent it from hitting objects as it closes. Even pressing 1 (open) on your fob won't make it stop closing. Last week I was driving down the ramp and saw that the door was open so I continued driving down. When I reached the bottom the top of my windscreen and roof hit the bottom of the garage door. Unbeknownst to me, the parking garage door had starting closing while I was driving down. Has anyone else experience anything similar?

Thanks,
Click to expand...

Are you new to living in a condo? In the case you have described, it is your fault. The only place where a sensor would be located is within the resident only portion of the garage, to allow cars to exit without requiring a fob. When entering any condo, you must use your fob, regardless if the door is open or not. The sensor will not hold the door open for you, since there is no sensor for entering the garage. This is to prevent people from piggybacking behind a resident.

Always use your fob and make sure that the sensor has read the fob (usually a beep or the red light disappears) Be sure to proceed right away, as the garage doors are timed to close after a set number of seconds.

I have 2 friends who are new to condos and had the exact same issue as you. Unfortunately, the blame goes to the driver in these cases since the driver failed to use the fob to open the door.
 
You must log in or register to post here.

Back
Top