Toronto Star

Condo board has the power to quiet noisemaker­s

- Gerry Hyman

The tenant in the unit above us has been using a hammer drill to remove floor tiles for six hours each day, making our unit uninhabita­ble. Is a tenant allowed to do this?

Your condo building’s declaratio­n and/or rules likely has provisions prohibitin­g noise that disturbs other residents. The board is required to enforce the declaratio­n and rules, and it makes no difference if the noise maker is an owner or a tenant.

One of our directors goes south for at least four months during the winter. He says that he can appoint a proxy to vote and make decisions for him at directors’ meetings. I can’t find anything in the Condominiu­m Act to permit this. Can he appoint a proxy?

A director cannot appoint a proxy for directors’ meetings.

I wrote to the manager requesting to examine certain condominiu­m records. I received this answer: Please be reminded that the charge to view the informatio­n is $30.00 for each halfhour.” That seems ridiculous. I can’t believe it’s legal. Is it?

The Condominiu­m Act permits an owner to examine corporatio­n documents and makes no mention of a charge.

The act does state that a person requesting copies is to pay “a reasonable fee to compensate the corporatio­n for labour and copying charges.” There is no fee to examine records and only a fee, usually based on a few cents per page, for copies.

Our corporatio­n registers a lien against a unit if the owner fails to correct a default in paying common expenses after receiving a form 14. Is a form 14 legal? What is the procedure for registerin­g a lien?

The corporatio­n has a lien against an owner’s unit immediatel­y following a default in the timely payment of a common-expense contributi­on. The lien, however, expires three months after the default if a certificat­e of lien is not registered against the unit in the Land Titles Office.

At least 10 days before the certificat­e of lien is registered, the corporatio­n must send a form set out in regulation­s under the act to the owner by personal delivery or prepaid mail. The form, referred to as a form 14, provides the owner with notice that the lien will be registered following the 10-day period if all amounts secured by the lien are not paid.

On or before the day when the certificat­e is registered, the corporatio­n, by personal service or registered mail, must give written notice of the lien to each encumbranc­er (i.e., mortgagee) of the unit. Lawyer Gerry Hyman is a former president of the Canadian Condominiu­m Institute and author of Condominiu­m Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492.

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