Condo must obey accessibility law
The parking spaces for disabled people in our condominium, one of which has been provided to my father, have been moved far from the elevator and near a door without an automatic door opener and is not accessible by a wheelchair. What can be done?
The condominium corporation is obligated, under the Ontario Human Rights Code, to accommodate the disability of an occupant of your building.
Anyone who has a disability recognized by the Code, and whose disabled parking spot has been unsatisfactorily moved, could contact the Human Rights Commission about the condo corporation’s apparent failure in fulfilling the required conditions.
You might also check to see whether moving the disabled parking spots to positions that do not render them satisfactory for use by disabled persons is contrary to any municipal requirements. There is a large pine tree, located about 15 feet from my unit, that sways badly on windy days and I am concerned it will fall and damage my home. The management company has not responded to my concerns. If damage occurs, will the condominium corporation be responsible for repairs?
You might have the tree examined by an arborist. If they find the tree is unstable and could fall and damage your unit, you might require the condominium corporation to remove the tree, pursuant to its obligation to maintain the common elements.
Should the corporation decline to act, you could proceed to court pursuant to Section134 of the Condominium Act — armed with the arborist’s report — and request an order that the corporation remove the tree and reimburse you for your legal expenses.
If the corporation refuses to obey a court order to remove the tree, it may be held responsible for the cost of repairs resulting damage to your unit.
A reader advises that her downstairs neighbour smokes a cigarette at least every 30 minutes and second-hand smoke is entering her unit. The reader has been advised by the corporation that she does not have the right to prevent the neighbour from smoking. The reader asks what her rights are.
Section 117 of the Condominium Act prohibits any activity, in a unit or the common elements, that is likely to cause injury or illness to an individual.
A computer search will reveal ample evidence that secondhand smoke constitutes a severe health risk.
The condo’s board of directors might be informed that the corporation, pursuant to Subsection 17(3) of the Condominium Act, has a duty to take all reasonable steps to ensure compliance, and that means taking steps to ensure smoke from the neighbour’s unit does not escape to the reader’s unit.
If necessary, that will include prohibiting the offender from smoking in a manner that permits the objectionable release of second-hand smoke.
A court application may be necessary to obtain an order requiring the corporation to enforce Section 117 of the Act.