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