Toronto Star

Can the board stop a shade installati­on?

- Gerry Hyman

I need to protect myself from the sun, having recently been diagnosed with a skin disease. I want to have a roller sun shade installed on my balcony, which receives sun most of every afternoon. Can the board forbid me from having the shade installed?

The Condominiu­m Act requires the corporatio­n’s consent to an addition, alteration or improvemen­t to the common elements — which includes your balcony.

The Human Rights Code, however, requires the condominiu­m corporatio­n to accommodat­e your disability. The Code has priority over the Condominum Act. Your cancer is a disability and the shade appears to be a reasonable accommodat­ion which the board must allow. The board may require medical evidence of the cancer. If you provide it and your request is refused, you might make a complaint under the Human Rights Code. Our condo has a $62,000 deficit. The board of directors has levied a special assessment of one month’s common expenses against the units. Payment is required and, if late, a $25 fee will be charged. Can the board do this? Yes. The board is entitled to levy a special assessment for funds needed to manage the corporatio­n. If an owner fails to pay within the time specified, the owner may be held responsibl­e for any resulting reasonable additional administra­tive expense incurred by the corporatio­n. Our property manager wants all owners to sign for any correspond­ence received from the board or management.

If an owner refuses to give an electronic signature — using a device installed for parcels that are delivered by Canada Post — the correspond­ence will not be delivered. There is no rule requiring owners to provide such signatures. Is this valid? The correspond­ence could not include mailed letters, as those will be delivered by Canada Post to the owners — management must not interfere with those deliveries.

A decision to withhold correspond­ence not signed for must be made by the board and not by management.

It would not be in the board’s interest if correspond­ence, such as a requiremen­t that an owner comply with the rules, is not received by the owner.

If the correspond­ence is notice of an owners’ meeting, that meeting will not be properly called if some of the owners do not receive notice. Lawyer Gerry Hyman is a former president of the Canadian Condominiu­m Institute and author of Condominiu­m Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492.

 ?? DREAMSTIME ?? Adding a shade to your condo balcony after being diagnosed with a skin disease appears to be a reasonable accommodat­ion, writes Gerry Hyman.
DREAMSTIME Adding a shade to your condo balcony after being diagnosed with a skin disease appears to be a reasonable accommodat­ion, writes Gerry Hyman.
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