Rules gov­ern condo dwellers

Calgary Herald New Condos - - New Condos - MAR­I­LYN LIN­COLN

Q: I live in a condo high­rise that I used to en­joy very much. How­ever, the neigh­bour be­low me has been sand­ing and ren­o­vat­ing for quite some time now. Up to this point my hus­band and I have been very tol­er­ant about the noise. But we now smell a very strong chemical odour that is in­ter­fer­ing with our daily lives.

We can no longer stand this smell and have sent letters to the property man­ager. He says smells are just part of ren­o­vat­ing and we have to put up with it un­til the ren­o­va­tion is com­plete. Is this cor­rect?

We’re wor­ried about these fumes and are be­gin­ning to feel the ef­fects, such as hav­ing headaches. We may have to see a doc­tor as well be­cause my hus­band suf­fers from al­ler­gies and the fumes are only adding to his mis­ery.

A: Re­view your condo rules as well as the dec­la­ra­tion that’s in­cluded in the pack­age you re­ceived when you bought your unit. Nearly all condo rules state that no owner can cre­ate nui­sances that in­ter­fere with the use of units or com­mon el­e­ments by oth­ers.

Your con­do­minium di­rec­tors are ob­li­gated to en­force the dec­la­ra­tion and rules that gov­ern the condo property. I would sug­gest you write a let­ter to the board, at­tach­ing to it a copy of the spe­cific rule in your condo documents re­gard­ing nui­sances.

In­form the board that it’s their duty to re­quire the oc­cu­pants be­low you to take the nec­es­sary steps to al­le­vi­ate any fur­ther chemical fumes, which are a nui­sance as well as a health is­sue. Al­ways keep copies of any letters you send to the board so you have the proof you need in case fur­ther steps are nec­es­sary.

Fotolia

Dis­turbed by ren­o­va­tions in a neigh­bour­ing condo? Some condo board rules state that no owner can cre­ate nui­sances that in­ter­fere with other res­i­dents.

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