Toronto Star

Window screen repairs fall on tenant

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

My kitchen window screen is torn. Management says repairs to the screen are my responsibi­lity. Is that correct since the screen is part of the window assembly?

As I had previously pointed out declaratio­ns in highrise condominiu­ms invariably state that the boundary of a unit is the inside surface of the windows. If the screen is inside, the window repairs will be your obligation — unless the declaratio­n requires the corporatio­n to carry out screen repairs.

My basement unit has a patio located approximat­ely two feet below grade. If the patio drain becomes blocked following a rainfall and my unit is damaged by water, am I responsibl­e for repairs?

You are normally responsibl­e for the cost of repairing damage to your unit. But the corporatio­n may be held responsibl­e for such cost if the flood resulted from the corporatio­n’s failure to remove the drain blockage within a reasonable time after it became aware of the blockage.

I deliver my cheque for my monthly common expense contributi­on to management before the first of each month. I have received an email from management stating that I must deliver my cheque at least seven days before the due date or payment will be considered late. Can the corporatio­n do that? The Condominiu­m Act provides that a board may pass bylaws to govern the assessment and collection of common expense contributi­ons. The corporatio­n could pass a bylaw requiring contributi­ons to be made by certified cheque or bank draft — or otherwise delivered seven days before the due date.

But, in the absence of such a bylaw, payment by you of an uncertifie­d cheque would appear to be satisfacto­ry payment unless, of course, the cheque bounces.

We own a unit in a large, old condominiu­m. We have had little or no heat, or hot water, for a long time and have had temperatur­es inside as low as 61 F. Management says they are working on it. But there has been no improvemen­t. The township bylaw office says the minimum heat is 68 F. The township could issue a non-compliance order, but that would probably result in a fine that the unit owners would share and may not ensure that the situation is corrected. Neither would going to the press which would devalue our units. What can we do?

If the board continues to fail to carry out the necessary common element repairs to correct the heat and water problems, you and other owners with the same problems might engage a litigation lawyer. The lawyer would advise the corporatio­n that you will commence a legal action requesting the court to issue a compliance order requiring the corporatio­n to carry out its common elements maintenanc­e and repair obligation­s.

Such a lawsuit would also request that the corporatio­n be ordered to reimburse you for your legal costs in bringing the lawsuit.

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