|Let's mediate whether|
you can live in your home
Today, that chimney is still missing and the chairman "has no idea where it is". The board eventually admitted it was wrong and after two years it replaced the chimney last year (2009). I guess that is the first step to admitting liability.
But the main point to this note is to summarize a chat that a board member had with us after an Annual General Meetings where our "situation" was discussed. It was well-intentioned, I'm sure, and the owner-board member asked if we would participate in "mediating" our differences with the board--and he would act as mediator. I was shocked and after some thought politely declined. My view was that "mediating" with a party that is preventing you from living in your home is like mediating with a thief about returning your possessions. It isn't right, it isn't legal and the situation needs to be fixed before anything like mediation happens.
If we lived in a house instead of a condominium people would be in jail or legal trouble for taking steps to damage someone's home. Under the CPA, this body of directors can hide behind the Act and do little or nothing with virtually no immediate risk. Trying to mediate out of this mistake is transparent and a signal that little thought is going into resolving this problem.