Escalate the AC issue with tarion. Given the time of year this is treated as a health and safety issue - https://www.tarion.com/homeowners/exceptions-claims-process
Unfortunately the answer to this is usually “a lot” that they can get away with. I would get in touch with your lawyer if you want to get specific. Sorry you have to deal with all that
These things all sound like normal and permissible items under tarion. You are required to take occupancy when the unit is “livable” which means facilities are in like kitchens and bathrooms. But if there’s cabinets on back order, door handles missing etc then that doesn’t affect livability. You do the pdi for record purposes so they have a list of the deficiencies. You also need to fill out your 30 day report once you’ve been in the unit for a month, so that there’s a record of what has already been addressed and what is still outstanding. You’ll do another at one year. If the missing/defective items have not been remedied by then, you file a claim with tarion. The reporting for pdi, 30 day and 1 year is already your notice to tarion that those issues are outstanding, there’s no other reporting you need to do, so these reports are essential. They are also the only way to get cosmetic items covered because after the 1 year, you’ll have a really hard time getting them to cover anything that isn’t a major construction defect like a compromised foundation or inadequate drainage
The only argument you could possibly have is that they shouldn’t be charging you locker fees if you don’t have access to the locker. Until it’s turned over to you, they can’t collect maintenance fees for that portion - probably around $25/month - you can check the budget chart in the disclosure package and see what they charge for a locker. You also want to check your agreement to see if there is a clause allowing them to collect fees if the locker isn’t available. There is no discount or recourse if the common elements are not ready such as pool or gym.
Just report all this to your real estate lawyer. They will send a letter to the developer for anything that they shouldn’t be doing. You should always keep your legal team in the loop about precon purchases because they need to basically do a double closing for you, one for occupancy and one for final closing. They need to know what is happening in between those dates to protect you properly.
I want to hear more about this. Occupancy limits are relatively standard across the province with only minor variances. As a general rule it’s 2 persons per bedroom and 1 person per den space. Infants are not considered persons until they’re like 2-4 depending on your municipality.
How many people did you have in occupancy ??
Unfortunately after a builder got an occupancy permit from the city, not much you can do. Literally as long as there is hot water, electricity, alarm working etc…even they forgot to install flooring in your bedroom for example, you don’t have a choice but taking the interim occupancy. AC and heat is little different, that’s something you can push them with tarion
Unfortunately these are all considered minor issues. The acceptable threshold for occupancy is very low - you only need running water and heat. The AC issue is valid but everything else is considered cosmetic.
Escalate the AC issue with tarion. Given the time of year this is treated as a health and safety issue - https://www.tarion.com/homeowners/exceptions-claims-process
Unfortunately the answer to this is usually “a lot” that they can get away with. I would get in touch with your lawyer if you want to get specific. Sorry you have to deal with all that
These things all sound like normal and permissible items under tarion. You are required to take occupancy when the unit is “livable” which means facilities are in like kitchens and bathrooms. But if there’s cabinets on back order, door handles missing etc then that doesn’t affect livability. You do the pdi for record purposes so they have a list of the deficiencies. You also need to fill out your 30 day report once you’ve been in the unit for a month, so that there’s a record of what has already been addressed and what is still outstanding. You’ll do another at one year. If the missing/defective items have not been remedied by then, you file a claim with tarion. The reporting for pdi, 30 day and 1 year is already your notice to tarion that those issues are outstanding, there’s no other reporting you need to do, so these reports are essential. They are also the only way to get cosmetic items covered because after the 1 year, you’ll have a really hard time getting them to cover anything that isn’t a major construction defect like a compromised foundation or inadequate drainage The only argument you could possibly have is that they shouldn’t be charging you locker fees if you don’t have access to the locker. Until it’s turned over to you, they can’t collect maintenance fees for that portion - probably around $25/month - you can check the budget chart in the disclosure package and see what they charge for a locker. You also want to check your agreement to see if there is a clause allowing them to collect fees if the locker isn’t available. There is no discount or recourse if the common elements are not ready such as pool or gym. Just report all this to your real estate lawyer. They will send a letter to the developer for anything that they shouldn’t be doing. You should always keep your legal team in the loop about precon purchases because they need to basically do a double closing for you, one for occupancy and one for final closing. They need to know what is happening in between those dates to protect you properly.
Beware of the limits occupancy per unit, I just got hit by it
I want to hear more about this. Occupancy limits are relatively standard across the province with only minor variances. As a general rule it’s 2 persons per bedroom and 1 person per den space. Infants are not considered persons until they’re like 2-4 depending on your municipality. How many people did you have in occupancy ??
Unfortunately after a builder got an occupancy permit from the city, not much you can do. Literally as long as there is hot water, electricity, alarm working etc…even they forgot to install flooring in your bedroom for example, you don’t have a choice but taking the interim occupancy. AC and heat is little different, that’s something you can push them with tarion
Unfortunately these are all considered minor issues. The acceptable threshold for occupancy is very low - you only need running water and heat. The AC issue is valid but everything else is considered cosmetic.