Who must do repairs for balcony doors?
Some balcony doors in our 22-yearold condominium require repairs. The property manager says it’s the obligation of the unit owners. Our declaration provides that each unit’s boundary is the side surface of exterior doors, and that each unit excludes exterior doors. Who is responsible for the repairs?
The exterior door, based on your condominium corporation’s declaration, are a common element and — as the declaration states — are not part of each unit. Necessary repairs are the obligation of the condominium corporation. Our board of directors is concerned about excess speed on our roadways. It has ordered three to four-foothigh speed signs bolted to the pavement in the roadways, destroying the appearance of our complex. Can the board do that?
The fastening of the signs to the roadway constitutes additions, alterations or improvements to the common elements and can only be carried out by the board if it complies with Section 97 of the Condominium Act, 1998. That section requires the corporation to send a notice to the owners describing the proposed additions, alterations or improvements, setting out the estimated cost and indicating how the cost will be paid.
The notice must advise that 15 per cent of the owners may requisition an owners’ meeting to vote on the proposed project. The corporation is entitled to carry out the project only if an owners’ meeting is not requested or if the owners have not voted against the project at the requisitioned meeting.
If the corporation has carried out the project without complying with Section 97 or despite an owners’ vote against the project, the signs must be removed. Can a condominium corporation post monthly business meeting minutes on its website and post your condominium columns with- out passing a bylaw? Yes. Some owners in our building wish to replace their gas-heated hot water furnaces with high-efficiency gas furnaces. It will be necessary, in some units, to install venting through the common element roofs or walls. The condominium corporation refuses to consent, unless owners of those units sign indemnities stating they will be responsible for any damage or leakage. Can the corporation insist on this?
A unit owner cannot carry out additions, alterations or improvements to the common elements without the approval of the board.
If approved, the owner must enter into an agreement (required under Section 98 of the Condominium Act) with the corporation — and registered against the owner’s unit — specifying whether the corporation or the owner will be responsible for the cost of the alteration and for its subsequent maintenance, repair and insuring.
While the board cannot require the unit owners to sign indemnity agreements, the board can require these same obligations of the owners be included in the agreement. If an owner refuses to sign such an agreement, the owner will not be entitled to install vents through the common element or improvements to the common element roof or walls.