[riley]

Call up Tarion and see if you have a case for compensation. I had the same situation and got $150/day and builder honored it (different builder). Wouldn't sign anything waving your right to recoup compensation.

In your situation, did your developer also try to get away with having people sign an amendment without offering to pay compensation? It's good to hear stories of developers actually paying compensation. Hopefully we haven't somehow waived all of our Tarion rights (which doesn't seem like it should be legal), as someone posted earlier.

 

[riley]

Hi guys,

This thread has come alive !!
Sam ... Sorry to hear aswell .... I just put a call to cityzen. They said she wasn't there and that she would call me back on monday ... if she tells me the same story i will ask her how does this help people who plan to live there ... I know what the answer is going to be

I have parking and on a higher floor ... I havn't recieve a letter or gotten a call yet ... but unfortunately I am ready for it.

Thanks for all the posts guys

I had been calling Maria at L Tower office for information, but in the end it was people from the Fernbrook office who called me about the delay. I think it was a totally different office. I'm not sure if Cityzen and Fernbrook share an office, but you might want to call Fernbrook directly (and you can ask for either Shelley or Stacey who were both assigned to call purchasers about the delay, I spoke to them both.)

 

[Sam F]

Yes it was the people from the Fernbrook office that called me as well. I do believe that they are physically in another office. I am not sure who is responsible for what though but the only people I have dealt with in the past were people from the Cityzen office and putting all these delays issues aside, I found them to be quite helpful and friendly. I am talking way back when I had to do my interior selections to other ad-hoc queries. When there are delay issues though, I don't think that they are told much by "head office" (whoever that might be) and are just the messengers, but speaking from personal experience, I personally don't have anything negative to say about them. It does get confusing though when you are looking for answers and no one seems to be able to give them to you....

 

[TheKingEast]

In your situation, did your developer also try to get away with having people sign an amendment without offering to pay compensation? It's good to hear stories of developers actually paying compensation. Hopefully we haven't somehow waived all of our Tarion rights (which doesn't seem like it should be legal), as someone posted earlier.

it was one of those things where, people who knew about their right to compensation called the developer and got some money out of them and those who didn't got nothing I presume. Developers will push you to sign anything that lets them off the hook so I wouldn't be surprised if tpoeple were tricked to signing anything that let the dev. off the hook.

 

[Xenosblitz]

it was one of those things where, people who knew about their right to compensation called the developer and got some money out of them and those who didn't got nothing I presume. Developers will push you to sign anything that lets them off the hook so I wouldn't be surprised if tpoeple were tricked to signing anything that let the dev. off the hook.

I'm going to live in my unit myself, but for investors who are renting theirs out, what the developer is offering right now is worth quite a bit of cash. Lets say it will take 6 months interim occupancy to reach final closing. That's a good $12k in cash (assuming $2k/month rent) versus the maximum compensation of $5k/$7.5k depending on signing of contract date.

Of course, an investor friendly developer will allow interim occupancy rentals anyway. But I can see them refusing to authorize rentals just to get more people to sign the delay legal document.

 

[Mark_Mal]

Just spoke with Maria at Cityzen. At the moment there is a select # of lower floors that are affected by a delay. The upper floors have not been affected at the moment however she will be in touch with the project manager today to let me know if I should expect a delay. Im on the 36th floor.
Ill keep you guys in the loop.
Side note, I saw an ad on KIJIJI for a unit for rent on the 10th floor, available for August. Looks like the pictures were taken during the PDI.

 

[wolf]

Cool ... thanks for posting Mark. Yes ... please do keep us in the loop.
I phoned Cityzen ... but didn't get a call back yet. I will try again tomorrow

 

[riley]

Just spoke with Maria at Cityzen. At the moment there is a select # of lower floors that are affected by a delay. The upper floors have not been affected at the moment however she will be in touch with the project manager today to let me know if I should expect a delay. Im on the 36th floor.
Ill keep you guys in the loop.
Side note, I saw an ad on KIJIJI for a unit for rent on the 10th floor, available for August. Looks like the pictures were taken during the PDI.

Please let us know if she calls you back. I often would speak to Maria and she's very nice but everytime I spoke to her she would tell me she would let me know later that day what the answer was, and then I never heard from her, and when I called her back she still wouldn't know the answer.

Well I received not only my phone call, but also my notification that my date has been pushed to September, and I'm in the mid 20s of the floors. Weird that its just some of the units being affected.

If anyone is doing or has done their PDI I would love to see pics.

 

[Xenosblitz]

Just spoke with Maria at Cityzen. At the moment there is a select # of lower floors that are affected by a delay. The upper floors have not been affected at the moment however she will be in touch with the project manager today to let me know if I should expect a delay. Im on the 36th floor.
Ill keep you guys in the loop.
Side note, I saw an ad on KIJIJI for a unit for rent on the 10th floor, available for August. Looks like the pictures were taken during the PDI.

Thanks, Mark_Mal!

Here is the link of the kijiji posting Mark_Mal mentioned. It definitely looks like a PDI.

http://www.kijiji.ca/v-1-bedroom-de...014/600028054?enableSearchNavigationFlag=true

 

[Sam F]

My PDI got postponed but yes it would be great if anyone could post their PDI pics and comment on any issues we should all be aware of.

 

[Qlee]

Ugh! Well, I'm sorry to hear that, but I'm not surprised at all. I am guessing the entire building will be getting the same call. It's true, the offer that they are giving us if we sign the amendment does not at all benefit anyone who wants to live there, so for people who will live there the only option appears to be to not sign the amendment and then argue to get compensated.

I don't have a PDI scheduled, so I guess that will now be a while. You're at least lucky you get to see your unit next week. Take pics!

First post here but I've caught up quite a bit. I'm on the 28th and scheduled to have July 23 as tentative occupancy date, now letter to september 23, and also got the call from Shelly @ Fernbrook. She told me about the amendment agreement and if I would sign, and I said i plan to live there so the offer does nothing for me. I asked what are they doing for the people who plan to live there, she paused and basically said.. nothing for now.. we are just gauging interest.....you should speak with ur lawyer...

The agreement sounds like they are trying to minimize the total compensation they need to pay.. which can be a hefty sum if say 35 floors, 10 units, = 35 x 5000 = 1.75MM PLUS now they don't get to collect occupancy fee for the months delayed.

I tried to connect with my lawyer to see if we are entitled but the response i got was "if you are entitled, the you can file a claim with tarion after closing". - quite useless..

Anyone else got something more useful from their lawyers?

The tarion document does say, if extension of the tentative is within the 90 day period, then the current tentative becomes the "firm" (for the purpose of calculating compensations I believe).

 

[Qlee]

My PDI got postponed but yes it would be great if anyone could post their PDI pics and comment on any issues we should all be aware of.

When was ur PDI scheduled and your occupancy date. Curious for myself since my occupancy was july 23 with no PDI scheduled.

 

[riley]

First post here but I've caught up quite a bit. I'm on the 28th and scheduled to have July 23 as tentative occupancy date, now letter to september 23, and also got the call from Shelly @ Fernbrook. She told me about the amendment agreement and if I would sign, and I said i plan to live there so the offer does nothing for me. I asked what are they doing for the people who plan to live there, she paused and basically said.. nothing for now.. we are just gauging interest.....you should speak with ur lawyer...

The agreement sounds like they are trying to minimize the total compensation they need to pay.. which can be a hefty sum if say 35 floors, 10 units, = 35 x 5000 = 1.75MM PLUS now they don't get to collect occupancy fee for the months delayed.

I tried to connect with my lawyer to see if we are entitled but the response i got was "if you are entitled, the you can file a claim with tarion after closing". - quite useless..

Anyone else got something more useful from their lawyers?

The tarion document does say, if extension of the tentative is within the 90 day period, then the current tentative becomes the "firm" (for the purpose of calculating compensations I believe).

Welcome Qlee. Your dates are very similar to mine, including the shift to september. I never got a PDI scheduled either.

My lawyer is going to read my agreement of purchase and sale before he gives me a firm answer on compensation, but he says it looks like i'd be entitled, and if I wanted it I shouldn't sign the amendment. When I hear back from him i'll let people know what he thinks. The developer is for sure trying to minimize the amount of compensation they have to pay. But they're being so sneaky about it. Also, I still have not received a copy of the amendment they want us to sign, which I really want to review.

 

[Xenosblitz]

Here are a few pictures from yesterday. They made some progress on the lobby (I can see framing for drywall installed now). The area still has many fences and Backstage still looks unsafe for residents' parking. The amenities doesn't have all the panels on yet, and from peering very closely through the dirty windows, the 2nd floor where they are at looks unfinished. If people were to move in now, I would think they will need hardhats to walk through the "lobby".

 

[riley]

I just received the amendment for the L Tower that's supposed to allow us to rent the unit during occupancy period. However, its pretty terrible. It sounds like we actually have to find a tenant now and fill out the paperwork now, even though we don't really know when we'll be able to take possession, and it sounds like we can only 'make the request for a tenant' ONE TIME after which the original agreement applies. Which sounds like we get one shot at a tenant, right now which is absurdly early, and then if they move out or can't move in, we don't have the option to find someone else.

PLUS the amendment still forbids us from listing the unit on any listing service like MLS where you might find a tenant, which sounds like they want to frustrate the ability to rent.

And at the end, they add that as a condition for their consent in leasing a unit, the purchase waives any entitlement to compensation for the current period of delay and for any subsequent delays. So no compensation EVER no matter how many further delays there may be. It could be months.

Also, they want it signed by this FRIDAY! Two days. Ridiculous.