Corporate Bullies - Condo Living

     Ms. Gerard is a condo owner residing in White Rock B.C.,was invited to write an article on the bullying in her building.   Unlike a Strata Corporation, Ms. Gerard's building is a Limited Company and instead of a strata council they have a board of directors that must comply with the Companies Articles of Incorporation, the Articles in the Shareholders Lease and the Articles in the Business Corporation Act of B.C.   We felt the information was important for all of our readers as you may not be aware there are condos that are limited companies incorporated under the Business Corporation Act and not Strata Corporations.

     What is a serial bully ? - An individual who moves from one target to the next using repetitive, persistent abuse in the form of unwarranted criticism, shouting, humiliation, unfounded accusations, gossip, threats and insults to the person perceived to be inferior or weak.   And keeps the target quiet with threats, blame and feigning victim hood. This individual’s behavior can escalate to physical abuse and illegal acts.

     Why do people bully? - Bullies are seething with anger, resentment and inadequacies.   They use the target to dump their rage onto.   They are envious, blaming everyone but themselves for their perceived failures in life.   They do not have the ability to accept the consequences of their actions and point out in the target flaws that reflect their own. - www.bullyonline.org

     Bullying - the misuse of authority or power to harm, dominate or intimidate those thought to be weaker or inferior.   Bullying is not limited to schools or the workplace and the effects can be just as devastating when used in a condominium complex. Suppose a duly elected Board of Directors and/or a property manager decides to disregard the limitations put on them by the Articles of a Ltd.   Company, their contract with the company and choose instead to respond to owners who are trying to express their concerns or register a complaint with bullying. An apartment building can turn into a literal hell resulting in owner outrage, fear, helplessness, seclusion, physical injury and emotional distress. Owners are forced to helplessly watch as control over their principal investment that they thought would insure a secure retirement and personal independence rapidly deteriorate and bullying by director and property managers is used to cover ignorance, rundown conditions, laziness, resentments and the mismanagement of funds, all contribute to the resale value of their suite plummeting, regardless of the economy while maintenance fees increase.

     Resale’s are also influenced when owners, realtors & clients are subjected to rudeness, witness temper tantrums and filthy language from the directors.   The 2-4 years of minutes given to potential buyers speaks volumes about how the building is managed.   Not conducive to sales or community spirit are: Minutes given out that are confrontational, selective, practically illegible and unsigned, with no motions containing expenditures and shareholders private information printed, contravening PIPA (Personal Information Privacy Act), also containing an irresponsible 2012 treasurer’s report with no retractions when proven wrong, and the refusal of the Property manager to produce records specified by the Gov’t of B.C. and the Business Corporation Act within the 72 hours (that being 2 years ago) specified.   Directors vote amongst themselves and pass self-serving proposals and the most costly to the company is the repeated disregard of the articles of the company by implementing Strata by-laws & rules regardless of warning letters and e-mails from the B. C. Registrar’s office, Business Corporation Act, whom were so inundated with complaints they now refuse to help.

     This behavior and disregard for the Articles in the Lease were the direct cause of an out of court settlement of over $70,000 in the plaintiffs favor originating with the 2006/07 Directors of our unnamed apartment building in White Rock.

     Owners find they are denied redress at almost every level “Take ‘em to court.” is the refrain heard repeatedly from lawyers, government agencies and the RCMP, forgetting that the majority of the retirees and seniors exist on a limited pension and some are simply not well enough to do so and whom may need their investment money for future care.   The new Civil Resolution Tribunal Act does not recognize limited company apartment buildings.   However there is hope, like myself, one can use up all the free 1/2 hours allotted by generous lawyers in the area, get questions answered and jump back into the fray.   An on-line/in-house newsletter backed up with proof and enough disclaimers to sink a battle ship seems to be a promising educational tool.

     Perhaps it’s time for these salt and peppers, from battles past to organize. GO GREY!

What to do for the time being?

• Go to the Directors Business meetings and take notes. Regardless of the cancellations keep trying.
• Always keep a journal, with dates, names and the incident, complaint or question.
• Bring a relative, friend or legal representative to assist you at the AGM.
• Keep tabs on each directors voting practices.
• Always call for an election of the directors.
• Is your property manager/company abiding by their contract? You have a right to view and/or receive a copy of their contract.