Friend in trouble - need help

[IceTurf]

I'm no lawyer, but unless there is a loophole somewhere, this person *may* only be able to minimize their loses.

[howdy20012002]

I am assuming that she owns the Condo?
is there a stated fine in the condo agreement?

[albert_dao]

I believe there is some kind of fine print. I'll have to check into that.

Anyway, the $6500 comes from a rather convoluted situation.

A couple months ago, she took a cat for her friend to babysit for a couple days. That was a clean "came and gone" situation. However, in the two days that it was there, someone spotted in the window. At that point, she got a warning for having the cat. When it came down to it, she didn't have a cat, but was then liable for a $50/day fine if there was ever a cat found on her residence.

Now this happens.

I know it was a poor decision, but it's a bit beyond lamenting about bad choices now, I'm just desperate to find this poor girl a bit of help.

[michika]

The whole thing sounds ridiculous. From what you've said it sounds like she did the animal a great service by temporarily adopting it and providing it much needed shelter and care.

Whoever snitched on her deserves some serious karmic retribution. The snitch should have spoke to her directly, maybe there was mitigating circumstances about the cat's presense that the snitch didn't know about.

At $50 a day, $6500 is 130 days worth of cat time....

So what is happening with the cat now? Where is it?

[Der_Iron_Chef]

She should really take a close look at her Tenant's Agreement. Things can get complicated if the condominium corporation has its own bylaws that govern things like no-pet clauses, etc. The issue may not even be the landlord's, but the condo corporation's. These facts would be good to know.

I'm unsure as to the $6500 amount. It seems rather arbitrary. Who is telling her this is what she must pay and why? Was this number included in the "fine print"? If anything, I would think she would be served an eviction notice (at a minimum of 14 days, not including the day of notice or the day of eviction).

Try calling Service Alberta (1-877-427-4088).

[albert_dao]

Originally Posted by Der_Iron_Chef

She should really take a close look at her Tenant's Agreement. Things can get complicated if the condominium corporation has its own bylaws that govern things like no-pet clauses, etc. The issue may not even be the landlord's, but the condo corporation's. These facts would be good to know.

I'm unsure as to the $6500 amount. It seems rather arbitrary. Who is telling her this is what she must pay and why? Was this number included in the "fine print"? If anything, I would think she would be served an eviction notice (at a minimum of 14 days, not including the day of notice or the day of eviction).

Try calling Service Alberta (1-877-427-4088).

Will do, thanks Drew!

[Der_Iron_Chef]

No problem, Albert. As well, as an owner (missed that part before), she should have a copy of the condominium by-laws where everything is stated in black and white.

[Slick Fork]

If she owns the condo, she probably signed something agreeing to the condo corporation by-laws. That makes it a tough argument to get it completely thrown out. If the Condo corporation is convinced that she knowingly broke the rules, the chances of her getting away with this are pretty slim. Her best bet will be to try to appeal to the corporation and try to reduce the fine.

Now, this 130 days of cat ownership... did they arrive at that time by looking at her first catsitting offence and deciding that because she had a cat 130 days ago and has a cat now that she must have had a cat for the full 130 days? If so, one could try to prove that she was only babysitting the first cat for a few days and in doing so cast doubt on the amount of time that the second cat has been in the apartment, opening the door for a reduction of the fine.

Either way, if she's going to appeal to the board for a reduction or leniency the first thing she has to do is get rid of that cat. There is no way they will believe that she is sincere about regretting her decision to pick up that cat if she still has it and refuses to get rid of it.

[albert_dao]

It's still at her house while she figures out what to do with it.

But yeah, that's pretty ridiculous. From there til now, she was fined for all the days in between.

Anyway, Neal, forgot to answer your question; yes, she does own the unit, but it's part of an apartment-style condo complex.

[michika]

I would say she should speak to a lawyer, and have all her pertinent documents ready (purchase agreement, etc.). She can try the laywer referal and get a couple hours of free legal aid/services.