Day care cre­ates dis­pute

Calgary Herald - Calgary Herald New Condos - - New Condos - LES VANDOR

Ques­tion: My brother lives in a condo and says a neigh­bour is op­er­at­ing a day care out of her home.

The condo rules clearly state that each dwelling shall be oc­cu­pied and used as a sin­gle­fam­ily res­i­dence and for no other pur­pose.

The rules also say that no unit shall be oc­cu­pied or used by any­one in a man­ner to can­cel or threaten to can­cel any of the board’s in­sur­ance poli­cies.

The chil­dren are not prop­erly su­per­vised and they are al­lowed to run out­side while she stays in the house.

My brother says the owner checks on the chil­dren from time to time.

An­other prob­lem is traf­fic. Cars are parked in front of her condo when the chil­dren are dropped off and picked up.

This area is in the en­try of our com­plex and ac­tu­ally a fire route.

Ac­cord­ing to ar­ti­cles I have read, it is the board of direc­tors’ duty to force the owner to ter­mi­nate this day care.

Your com­ments would be ap­pre­ci­ated.

— B.W. An­swer: If in­deed the condo rules pro­hibit this type of ac­tiv­ity, then it must be stopped.

It is up to the condo board and the man­age­ment com­pany to en­force the rules.

I sug­gest that your brother start with the man­age­ment com­pany and if they refuse to act, then the mat­ter should be raised with the board.

You are ab­so­lutely right that it is not only a fire risk, but jeop­ar­dizes the in­sur­ance cov­er­age for the en­tire com­plex.

Ques­tion: Our condo is try­ing to pass a by­law to make our build­ing a smoke-free en­vi­ron­ment with a grand­fa­ther clause ex­empt­ing cer­tain units.

A dif­fer­ence of opin­ion has arisen re­gard­ing the per­cent­age of own­ers that have to agree.

One part of our rules states that we re­quire a 51-per-cent ma­jor­ity to in­tro­duce a new by­law and the other states that we re­quire an 80-per-cent ma- jor­ity to change the oc­cu­pancy and use of our units.

Can you clar­ify?

— A.T. An­swer: In gen­eral, ma­jor changes re­quire a higher ma­jor­ity of votes. The higher per­cent­age re­duces the risk of chal­lenges and en­cour­ages par­tic­i­pa­tion from all own­ers.

If there is noth­ing else stated in the condo rules, then I would go with the 80-per-cent re­quire­ment.

Legal­S­peak: In me­dieval times a “vill” was a col­lec­tion of 10 houses. To­day, we call them town­homes.

Pho­tos, Cal­gary Her­ald Archive

Op­er­at­ing a condo day care poses sev­eral fire and in­sur­ance risks.

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