Toronto Star

Rodent to ruin: Who deals with a house mouse?

- Gerry Hyman is a former president of the Canadian Condominiu­m Institute and contributo­r for the Star. Reach him on email: gerry@gerryhyman.com Gerry Hyman

My townhouse unit has mice. There are gaps in our exterior walls through which the mice enter. I found mice in my bedside table drawer. What can I do?

It is your obligation to maintain and repair your unit. A townhouse unit might include the exterior walls and that would make you responsibl­e for sealing gaps through which the mice are entering.

If the exterior walls are common elements, you might advise the board of directors that the maintenanc­e and repair of those walls are the obligation of the corporatio­n.

If the corporatio­n refuses to act, it might be necessary for you to commence a court action to obtain an order requiring the corporatio­n to comply with its maintenanc­e and repair obligation­s. Does the Condominiu­m Act prevent an owner from selling their parking unit to a person who is not an owner of a residentia­l unit in the building?

There is nothing in the Condominiu­m Act to prevent such a sale.

The corporatio­n’s legal declaratio­n could stipulate that a parking unit may only be sold, or otherwise transferre­d, to an owner of a residentia­l unit in the condominiu­m — although the declaratio­n could also permit such a sale to a tenant of a residentia­l unit. Acontracto­r damaged our air-conditioni­ng unit, which caused water damage to a wall and ceiling of the unit below. The corporatio­n paid for the replacemen­t of the wall and ceiling. But the corp. then said the owner of the damaged unit was responsibl­e for the costs of repainting, since it was an improvemen­t. Shouldn’t the contractor have been responsibl­e for that cost?

If the wall had to be repainted because of the damage, it would appear that the negligent contractor should be responsibl­e for the cost. Repainting a previously painted wall would not be an improvemen­t.

It is unclear, however, why the corporatio­n paid for the repair of the wall and ceiling if the wall was part of the unit and not a common element. Payment for the repair would have been the obligation of the unit owner who would have been entitled to claim against the negligent contractor for the cost.

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