Canada: Condo owner's storage locker emptied in 'unfortunate series of events' - PressFrom - Canada
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CanadaCondo owner's storage locker emptied in 'unfortunate series of events'

13:25  06 may  2019
13:25  06 may  2019 Source:   cbc.ca

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Condo owner's storage locker emptied in 'unfortunate series of events' © Michael Rich/CBC Condo lawyer Denise Lash says owners should insure the contents of their lockers, not just their units.

A Liberty Village condo owner is livid after her belongings went missing from her private storage locker, which had apparently been mistakenly assigned to another resident.

Yana Tcherniakov says in early April, she went to her locker in the parking garage at 6 Pirandello St., to get some diving gear for an upcoming vacation.

But when she opened the door the locker was bare, save for a couple of empty suitcases that do not belong to her.

"So all of our stuff is now missing  And property management has no idea where it's been put."

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The search of the storage locker just off Duke Street took place on May 27. Agents showed up at Manafort' s condo overlooking the Potomac River Prosecutors insisted Monday that the search of the storage locker , which took place just 10 days after Mueller was named, was organized and approved

Now, she says, she has no choice but to hire a lawyer and go to court in the hope that she'll be reimbursed for her lost belongings — about $3,000 or $4,000 worth, she says.

In a statement to CBC Toronto, 360 Community Management head Chris Antipas blamed Tcherniakov's woes on "an unfortunate series of events, including another resident's confusion over locker numbers that caused the situation to be what it is right now."

Condo owner's storage locker emptied in 'unfortunate series of events' © Mike Smee/CBC Mike Smee/CBC

But Tcherniakov says the company has done little to help her find out who authorized the lock change in the first place, how another resident's things wound up in her locker, or what became of her own property.

It's the culmination of a tale of confusion and stone-walling, she says, that began in the summer of 2018.

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Tcherniakov noticed back then that the lock on her locker door had been changed.

Condo owner's storage locker emptied in 'unfortunate series of events' © Ed MIddleton/CBC Ed MIddleton/CBC

When she approached the property manager,  she says she was told there had been attempted break-ins and that all the locks in the basement storage areas were being changed, starting with hers.

Fast-forward to April. After reporting that her locker had been emptied, Tcherniakov was now told by the property manager that she did not actually own the locker — that it had been assigned to someone else.

What's more, the "new" lock on the storage unit could actually be opened with a universal key that also allowed entry to the bike room, larger storage areas and outside stairwells in the 3,300-unit complex.

'Everyone has a key'

"So everyone has this key, regardless if they have a locker or not," she said.

Angry and confused, she says she contacted both her realtor and her lawyer, who produced documents proving that she does indeed own the locker — at which point the property manager backed down and admitted that fact to Tcherniakov and her husband Mike.

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A condominium , often shortened to condo , in the United States and in most Canadian provinces, is a type of living space similar to an apartment but independently sellable and therefore regarded as real

But Tcherniakov says that admission was cold comfort.

To this day, the management company, she maintains, has refused to tell her who her locker had been given to.

They've also not been helpful, she says, in determining why or exactly when her lock was initially removed, or where her belongings are now.

She says she's hoping the condo corporation and the property manager solve the problem and reimburse her for her lost belongings.

If not?  "My next step is to hire a litigator," she said.

Cautionary tale

Condo law specialist Denise Lash says that may be Tcherniakov's only recourse now.

"If she suffers damages and there are still costs beyond [what insurance may cover], she may look to the condominium corporation for some kind of indemnification," Lash said.

As for what's become of her things, Lash says it's a cautionary tale about modern condo living.

Lockers are generally considered common elements and the condo corporation "has rights to change locks.  they really have an obligation to give that unit owner a key to that lock," she said.

Condo owner's storage locker emptied in 'unfortunate series of events' © Ed MIddleton/CBC Ed MIddleton/CBC

"Condominium owners should make sure they have the appropriate insurance in place — they should get coverage for the belongings in their locker," Lash warned.

"At least be protected to a certain extent."

On Friday,  Tcherniakov contacted CBC Toronto by email to say that her lock had finally been changed.

"Unfortunately, changing a lock does not change that our stuff is still missing," she wrote.

In the statement from 360, Antipas writes, "Our on-site team has done their investigation ... We are currently very actively working with Yana to bring a satisfactory resolution and closure for the resident."

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