Party room should be open to yoga class

Our board has stated that we cannot hold a yoga class in the building’s party room, that the room is only for meetings and parties. There does not appear to be a rule limiting the use of the party room. What can we do?

I assume the party room is part of the common elements. The Condominium Act provides that an owner may make reasonable use of the common elements subject to the Act and to the declaration, bylaws and rules of the corporation.

Unless the use of the room for a yoga class is unreasonable — or unless there is a declaration provision or rule preventing such use — owners should be entitled to use the common element party room for a yoga class. A rule could specify reasonable requirements for such use, including requirements relating to the qualifications for a leader of such a class.

The president of our nineunit townhouse condominium’s board of directors was removed by a vote of the owners. The board appointed a new president but the removed president has refused to transfer documents in his possession to the board — including receipts for unaccounted expenditures. He has made threatening gestures to our new president. The police merely recommended that the two avoid interacting. The removed director has breached rules about parking a vehicle and also rules relating to the swimming pool, including damaging furniture. What steps should we take?

If the removed director refuses to turn over condominium records, a court application by the corporation — pursuant to Section 134 of the Condominium Act — may be necessary to obtain an order requiring him to provide the records. Reporting the threatening conduct toward the current president to the police is a proper response.

Breaches of the rules could be dealt with by requiring mediation under the Condominium Act between the corporation and the removed director. If mediation doesn’t result in a satisfactory settlement, it will be followed by arbitration. The arbitrator will make binding determinations, which may include requiring the owner to indemnify the corporation for its legal cost relating to the dispute. I am a condominium owner, age 76, with mobility problems and a compromised immune system. The corporation’s garbage recycling system is impossible for me to use, due to my limited balance and ability to walk. My condo corporation has advised me that the city will levy heavy fines if garage is not properly dealt with. What should I do?

You have a disability which affects your occupancy of your residence. The corporation has an obligation under the Human Rights Code to accommodate your disability. You might discuss the situation with the directors — perhaps the board can help arrange for neighbours or condominium employees to assist you in disposing of your garbage. Should you be unable to obtain a resolution, consider proceeding under the Human Rights Code.