Question about a Caveat (in Alberta)..

[cruiser]

Hi.
Just wondering if there are any lawyers (or people knowledgeable about law) and it surrounding caveats (in Alberta).

In short, I have someone threatening to put a caveat against my property, but they don't have all of the necessary "documentation" in place to do so, but because I live in a condo, they think that they can hold it over my head because they are my property manager.

Background: My toilet tank broke in May 2006 and caused minor water damage to two other condos. It was reported that same day to my insurance company, but when my insurance company asked my property management company for the invoices (to make payment), they could only provide $900 out of the $2900 they claim that I owe.

The insurance company waited for over 1 1/2 years for invoices (until July 2007)...nothing appeared and then they closed the file. Now in Sept 2009, the property management company threatens me with a caveat saying I owe them this money. I know that statute of limitation is 2 years....my insurance company was nice enough to reopen the file and agreed to pay if the prop mangmt company could provide invoices...nothing ever came of it as of March 2010.

So...3 questions:
1) How can I get my property management company to remove this amount owing from my condo statement because it's due to their negligence for not providing supporting documentation that they didn't receive payment.

2) Can they still threaten (or put) a caveat against me since they feel I owe them this money, but they don't have the paperwork to prove it. Will any lawyer take this on for them?

3) Since my insurance company closed the file, will I have to fight this on my own?

My biggest thing is that I want this off of my file...and I don't want to have to worry about something coming up 5 years from now.

thanks,
Cruiser

 

[cruiser]

First, links to Alberta law on condos
http://alberta.ca/home/googlesearch/searchpage.aspx?q=The+Condominium+Property+Act&btnG=Search
http://alberta.ca/home/googlesearch/searchpage.aspx?q=Condominium+Property+Regulation&btnG=Search
http://www.servicealberta.gov.ab.ca/pdf/lt/Land_Titles_Introduction.pdf

Short form answers to your questions:
1. You can't get the condo strata corp to remove this debt without paying it. Your fight is actually with you insurance company who should have paid the claim when presented with the demand letter from the condo corp.
2. Yes.
3. Yes.

Additional comments.
I note that you refer to a "statute of limitations" on the payment of debt. The limitation is when a bill or demand note is delivered to the debtor. Since it's evident that the strata corp has asked, often, for payment. No restriction exists on them collecting it.
Your insurance company doesn't have the right to demand of you that you do the work of their adjustor. They can pay the debt or refuse to pay the debt, but the responsibility to collect paperwork was theirs.

To clarify:
- The insurance company was always willing to pay the debt owing from day one, but never did get the invoices for the cost of the cleanup from the property management company. The insurance company and myself are on very good terms...they have never denied owing the money, but it's due to the property management company not coming through with any invoices...thus, you can't pay a bill without proper backup.

- Curious how a lawyer can put a caveat on a property if there's no backup. We have only one statement with a number pulled out of the air. The lady at the property management company even admitted to me...."I wish all collections were that easy....we put a number down on a bill and people pay it without seeing how we arrived at that number".

Would you "Alinburnaby" pay a bill given to you without any backup? I doubt that anyone on this board gives out their money that easy without seeing how the number was arrived at.

thanks,
Cruiser

 

[Jethro Bodine]

I'm not in Alberta but in Manitoba in order to place a caveat on your property they would have to have a successful judgement awarded them either in Small Claims or Queens Bench.
From what you are saying they have neither and if they can't produce invoices they would not be able to obtain such a judgement against you.
1) I'd talk to my insurance company and have them deal with the property manger directly, which by the way is their job. If the property manager is trying to bully you, usually the prospect of having to go up against a large insurance company and their legal team is enough to make thme retreat. If the claim is legit then they should pay it.
2) You should also be soliciting advice from your lawyer, not a bunch of dirty old men on PERB . It may cost you a couple of hundred bucks but you're going to get the correct advice.

 

[wolverine]

Just out of curiosity, what management company is this, if you're able to answer?