In 2001 my wife and I moved out of our condo, breaking the lease, because the management company refused to make the building wheelchair accessable ( as they promised on many occasions ) . Last year a CA contacted me on several occasions and I replied with the situation and the fact not only would I not pay them, I would be suing the management company for human rights violatoins if they did not cease and disist. I has been over 4 months and I have not heard anything so I ( wrongfully ) assumed they were stopping their efforts. I was at my bank yesterday, opening a chequing account, and inquired about getting a Visa card of theirs. Gee, my CR shows an unpaid $800+ collection from the CA. And no they will not give me a CC due to this derog. I called the management co and their response was TFB. You should not have moved out early. It is your wifes problem she could not access the building in her wheelchair. They are so lucky I do not own a gun. I contacted the CA and all they had to say was pay the bill and no we will not remove the entry. My other question for the banker was how will this affect me when I renew my mortgage. She said it may cause a problem. Scuse me? My payments are always on time, extra is paid every week and our home is valued at $125 ( just appraised & does not take into account the new - unfinshed garage or fence ) and we only owe $47k+. My questions are: How do I get rid of the derog - I live in Alberta Canada. Would a bank actually deny me a renewal due to this derog even though my paymeny history with them is spotless and we have so much equity in our home? Thanks for any insight.
Was the condo in Canada? The US has regulations about handicap access, I know you mention human rights violations, does Canada have similar? Also, was any of this in writing (adding the ramp) from the beginning?
techman, I am in the apartment industry, and in Texas handicap people are considered a protected class, and if they need wheelchair accessibility we have to provide it, sometimes it may be at the residents expense, but we have to be able to do anything that accomadates them. You may want to check and see if Canada has the same guidelines and if they do they will owe you money! Hope this helps and good luck!
Yes, I live in Alberta. I do have something in writing saying they will do the modifications when possible ( meaning when the snow melts ) . That was fair but they did not do it until August, after we moved. The wife and are are going to sit on their door step and tell the public how they treat people with disabilities. I am contacting the Tv stations and news papers. They love these kids of stories. My mom is selling her condo in that complex and I am looking into buying it. The cannot prevent me from being an owner. They can only stop me from renting someone elses unit. BTW I am SO STUPID. I slipped and fell on the common property a while back and bruised my knee while I was carrying my infant son. I did not sue them ( the walks had not been shoveled or had de- icer applied to them ) as I thought they had stopped their collection efforts. Next time I fall ( they never do the walks or fill gaping holes in the lawn or parking lot ) I will be suing them.
It sounds like you have more of a fair housing complaint than anything, provided that modifications to the unit were requested in writing from you and received by the landlord. In the states, we have what is known as a Federal Fair Housing Law with a compliance component with the Americans with Disability Act. It basically states you cannot reject applicants based on handicap and must provide reasonable accommodations for that person. As liberal as Canada is, you must have similar laws that you will need to research. In the US, a Fair Housing or ADA complaint will hold much more clout than credit reporting violations, as the Department of Housing and Urban Development (HUD) seems to be much more aggressive then the Federal Trade Commission. As for snowy walks, I've seen cases in the US go both ways. Some courts say a landlord cannot prevent an act of God, others say different. I imagine if you were renting in a condo development, there is a condominium association that would oversee maintenance of the common areas, which would include landscaping and snow removal. I cannot fathom, here any way, a condo development that would allow walks and common grounds to be in such disrepair as you say. Nonetheless, two separate issues require two separate approaches. Do some research on your laws and act accordingly. Unruly
Thanks for the reply. The management company runs many complexes. The one that their office is in always looks A1. The other complexes look like crap most of the time. I should also mention that all units are privately owned and rented out. The owners, of course, want to spend as little as possible. That and the fact the caretakers at our complex are lazy retards, results in unkept premises. I did take pics with my digi cam just to be safe. The other buildings in the neigbourhood had shoveled and salted walks. It had also not snowed for at least 4 days - long enough for something to be done. They have also been fined ( 30+ times ) by the city for not clearing the walks. It is a shame people can not do their jobs and quit passing the buck.
