STINK OVER ODOUR IN HALL
Dealing with pot puffers next door
Q: I live in an apartment-style condominium complex where there are at least three units that house frequent marijuana smokers. The smell is strong. I have called the police about it, and they suggested I call the property manager. The property management company says they have been in the units and cannot detect any marijuana odour. The condominium board sent a letter to the owner about this, and the owner claimed prejudice and threatened to sue the board if it pursued any legal action against them. I am ready to sell my unit if this issue is not dealt with soon. What can I do about this?
A: In order for the condominium corporation to proceed against an owner and/or tenant for a violation of the bylaws, the condominium corporation needs evidence. Dates, times, and particulars about the odour would assist in putting together an evidentiary history of the alleged violations. If the condominium corporation could also find someone who could say under oath that they saw the owner and/or tenant smoking marijuana, that would be helpful. You have done the right thing in terms of calling the police and advising your property management company of this issue. Surely the board would like to deal with it, but they are in a difficult position in that if they pursue a claim and they cannot prove it, then the condominium corporation exposes itself to liability for the legal costs that the owner may have incurred in defending against the allegation. Helpful Hint: The key to any claim for bylaw breaches, from smoking marijuana to noise, is gathering evidence. Dates, times, and particulars relating to the alleged violation are critical.
Q: In 2008, I bought a condominium that was built in 2004. Each unit has its own air conditioning unit. Over the past couple of years, we have had problems with our air conditioning unit, and recently it stopped working altogether. Other owners have advised that almost all of the condominium units’ air conditioners have stopped working. Is this an issue that the condo board should be dealing with?
A: You did not provide me with sufficient facts to indicate whether this is a traditional style condominium building or a bare land condominium. My answer may be different, depending on what kind of condominium. You would need to review your bylaws and condominium plan to help you answer this question. If the air conditioning units are the responsibility of the condominium corporation, then the condominium corporation will pay for the repairs and/or replacement. As the condominium corporation generates its money from condominium fees, you would be paying a portion of that through your monthly condominium fees. Helpful Hint: Sometimes, what may appear to be the responsibility of the owner has been delegated to the condominium corporation. You need to be aware of your bylaws.
Q: A resident in our condominium complex asked whether unit factors can be changed. I have looked at the legislation and I have concluded that unit factors can be changed, and such a change would necessitate re-surveying of the complex and submission of a new subdivision
plan to land titles, which would be costly. Am I right?
A: Each condominium complex in Alberta, regardless of size, has 10,000 unit factors. The unit factors are then divided among the units. The surveyor, the person who prepares the condominium plan, usually divides the unit factors based on square footage of the unit. If you have a bigger unit, that usually means that you have more unit factors. Your condominium plan will explain how the surveyor assigned the unit factors. There will be a valid reason in terms of how they were divided. Yes, you can change the unit factors, and that would require a court process. A redistribution of unit factors could mean that some owners would pay more in condominium fees on a monthly basis, while others would pay less. Helpful Hint: Unit factors are important because they provide owners with power in terms of voting, and also generally provide the board with the amount each owner would pay in monthly condominium fees. The more unit factors you have, the more you will pay.
Q: Seven companies and individuals own condominium units in a building with 47 units. The combined unit factors over 50 per cent in all of the units are all rented. The board has three vacancies since the AGM, held in August 2014. One individual from the group of seven has indicated that he was interested in getting back on the board. The management company advised in writing for the individual to wait for the 2015 AGM. However, prior to the AGM the board filled the vacancies with appointments, and as a result there were no elections. Our bylaws are Appendix 1 of the Condominium Property Act.
A: Section 10 of Appendix 1 states that when a vacancy is created on the board per Section 9, the board may appoint a person to fill that office for the remainder of the former member’s term. Therefore, there should have been elections at the most recent AGM, since every appointment would have expired on that date. It may be time to lobby the board to schedule an extraordinary meeting for the purposes of electing a board in the proper fashion. Helpful Hint: At times like these, it really is helpful for the condo board to consult legal counsel in advance of the AGM to sort things out and come up with a plan beforehand, as opposed to cleaning up a mess after the fact.
Q: We live in a four-storey condo building. Our board has decided to use a handyman to scope out and fix any issues related to our HVAC system. Both baseboard heating and central air conditioning are included in our condo fees. If a serious failure were to arise due to an unqualified handyman working on our HVAC system, would that void the corporation’s insurance?
A: Probably not. There is nothing wrong with an individual or handyman inspecting a particular issue that may have arisen in your condominium. I would hope that the handyman would understand his/her limitations. Therefore, I am not convinced that it matters one way or another. Helpful Hint: Engaging someone to provide the board with information about issues on a timely basis would actually be helpful to any condominium corporation. Again, understand the limitations of your handyman and make sure you do not expect that person to engage in work that he or she is not capable of.