September 22, 2019



Dear Tarion Ombudsperson Jill Moriarty,

I am writing to appeal (according to How to Submit a Complaint guidelines) Tarion's assessment of the items listed on the Year-End Form (enrollment number: H2102045) that we submitted in June 2018. I decided to make it an open letter, because many households in our large residential complex suffer from the same or similar issues.

Establishing an analogy with the definition of human health as "a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity," contained in the Constitution of the World Health Organization, we think that the health of a house is not merely the absence of warranted items, but the presence of protection, safety, comfort, and structural integrity. Whereas Tarion representatives focus on categorizing homeowners claims as warranted or not warranted, my wife and I insist on the essential qualities of our home. We deserve to live in our home safely, comfortably, healthfully, and reliably.

There are five important concerns that neither Tarion representatives nor and their Manager and Director were able to resolve to our satisfaction.

The first decision was on the issue related not only to our safety and comfort, but also to the safety and comfort of our visitors, delivery agents, tradespeople, and others:

(56) | Exterior - Doors - Entrance door hood is absent. No protection from icicles and other hazards.

You indicated concerns the front entrance had no overhang to protect from icicles and other elements. You are concerned with the design of the space. Tarion finds no defect in work, materials or installation.

On June 19, 2019, Warranty Service Representatives Samantha Rieder and Marta Coelho conducted a site visit to discuss your concerns.

During the Site Visit, you showed Tarion documents relating to the front entrance overhang, that indicate a selection of elevation A (no canopy provided) and elevation B. You showed an artist rendering of elevation B with a canopy.

Tarion does not consider artists rendering actual representation of what will be provided. Tarion reviewed the Agreement of Purchase and Sale and identified that Elevation A, as the agreed upon selection as per your elevation.

You indicated concerns with the exposure of the front of the home was such that there would be high winds and would result in snow build up in particular weather conditions. This is not a builder defect and is the result of weather conditions beyond their control.
You also indicated concerns that there is only a 1foot transition between the entrance area and the living room. This does not fall under the definition of a builder defect and is beyond the scope of the Tarion Warranty.

This concern is not warranted. There is no defect in workmanship or materials and, therefore, no breach of the One Year Workmanship Warranty or the One Year Materials Warranty

Tarion. “Decision Letter.”  September 16, 2019

I would like to bring this issue to your attention and further justify our safety and health concerns hoping for a fair resolution:

Hoods

The second decision was based on our health concerns:

(16) | Interior - Floor 01 - Hallway - There is no transition space between the outside and the living room. The amount of wind and water we get inside the unit is directly proportional to the speed of the wind.

You indicated concerns with the design transition of the front door foyer area to living room area.

Your concern is the design of the space. Tarion finds no defect in work, materials or installation.

This concern is not warranted. There is no defect in workmanship or materials and, therefore, no breach of the One Year Workmanship Warranty or the One Year Materials Warranty.

Tarion. “Decision Letter.”  September 16, 2019

Our further justifications for reconsideration and resolution:

Porch, a view from the living room.

The third decision was based on our health concerns, too:

(65) | Exterior - Roof (Exterior) - Air-conditioner is installed right above the bedroom. It's impossible to sleep because of noise and vibration. Must be re-installed to the area above the ensuite bathroom.

Re-Inspection August 7, 2019:

You indicated concerns with installation of Air Conditioning unit above master bedroom caused noise and vibrations and you wanted the Builder to re-installed the unit to the opposite deck area above master ensuite.

Tarion observed, the Air Conditioning unit in operation, minor operational sounds could be observed. The operational sounds were not in excess of what is expected when the unit is in operation. The sound was observed at various areas of the bedroom, such as, at the register, and on either side of the bed, to be within acceptable.

Tarion observed, the Air Conditioning unit, located on the upper rooftop deck area. The Builder has installed a concrete pad and padding to help alleviate some of the vibration concerns. Some vibration could be observed when the unit was in operation. The Builder has provided what is industry standard to try and eliminate the vibration. Some vibration can be expected, and an overall elimination of the vibration may not be achievable. The Air Conditioning unit is located above a floating deck system, which may contribute to some vibrations as the deck is floating.

Tarion reviewed the plan drawings for the unit, provided by the Builder, which indicate the installation of the Air Conditioning unit is in the correct location. Relocation of the unit to the opposite deck, may not be achievable due to the mechanical set up inside the mechanical room. The Builder has provided what was agreed upon.

This concern is not warranted.

There is no defect in workmanship or materials and, therefore, no breach of the One Year Workmanship Warranty or the One Year Materials Warranty.

Tarion. “Decision Letter.”  September 16, 2019

Please consider the following:

The fourth decision is related to the security of our unit.

(49) | Interior - Garage (Interior) - Garage - The length of the garage is less than required by building code

This item relates to the length of the garage being less than what is required by the Ontario Building Code. Square Footage concerns are outside the scope of the Statutory Warranty, as per Builder Bulletin 22.

There is no defect in workmanship or materials and, therefore, no breach of the One Year Workmanship Warranty or the One Year Materials Warranty.

Tarion. “Decision Letter.”  September 16, 2019

The following concerns still remain:

The fifth decision is related to the structural integrity of our unit.

(54) | Exterior - Building Face/Exterior - Stucco wall above front entry vertical wall bowed out/bulging

You indicated to concerns of excess stucco along the vertical wall area, at the front of the house. You advised this was noted on the Pre-Delivery Inspection form.

Tarion observed, under normal viewing conditions, a minor variation between the vertical stucco application between the first floor and second floor area. No visible defects, deterioration, cracking and or separation of the stucco was observed. The stucco does not form part of the structural components of a house and is applied for aesthetics. Minor variation in stucco application is acceptable.

This concern is not warranted. There is no defect in workmanship or materials and, therefore, no breach of the One Year Workmanship Warranty or the One Year Materials Warranty.

Tarion. “Decision Letter.”  September 16, 2019

We would like to bring to your attention the following:

If, according to Tarion, there are neither defects nor warranted items, then

To resolve these problems, I would appreciate your consideration of our concerns.

I look forward to your reply and a resolution to our problems before seeking help from the Government of Ontario.

Respectfully,

Enrollment number: H2102045