Toronto Star

Board has no authority to levy fines on girlfriend

- Gerry Hyman

For the past six months I have been living with my girlfriend and our baby in her condo, and parking daily in visitors’ parking. The board has threatened to levy a $100 fine for each of my visitor parking infraction­s and to charge the fine to my girlfriend’s common expense contributi­on. Can the board do that?

It is reasonable for the board to take the position that residing in the unit for six months makes you a resident and not a visitor. There is no authority in the Condominiu­m Act, however, for the board to levy a fine. And if there is a rule to that effect it would likely be considered clearly unreasonab­le and thus unenforcea­ble. The board’s remedy is to require mediation and, if necessary, arbitratio­n for your apparent breach of the condominiu­m’s rules. Our condo board is investigat­ing having solar panels installed on the roofs of our 14-unit townhouse condominiu­m. The initial cost is $200,000, which could be financed over seven years, and due to the Ontario Government­s Fit and Micro Fit programs, the project will produce an income stream of $4,200 per month for the next 20 years. Can this be done without owner approval?

Additions, alteration­s or improve- ments to the common elements require notice to the owners describing the addition, alteration or improvemen­t. The notice must contain a statement of the estimated cost and the manner in which the corporatio­n proposes to pay the cost. As well, the notice must advise everyone that owners of at least 15 per cent of the units have the right to requisitio­n an owners’ meeting — letter for the purpose of voting on the proposed project — within 30 days of receiving the notice.

Notice to the owners is not required if the addition, alteration or improvemen­t is required by a mutual-use agreement to which the corporatio­n is a party. Nor is notice needed if the board believes that it is necessary for the safety or security of persons using the property. A third avenue for the board to go ahead on its own is if the estimated cost in any month is no more than the greater of $1,000 and 1 per cent of the annual budget for the current year.

If notice is required and given, but a requisitio­n is not received within the 30 days, the board may proceed. If a requisitio­n is received, the board must call the owners’ meeting and receive a majority vote approving the addition, alteration or improvemen­t. If the estimated cost is more than 10 per cent of the corporatio­n’s annual budget for the current fiscal year, the vote of approval is required from the owners of at least 66 2⁄ per

3 cent of the unit owners.

If the corporatio­n wishes to fi- nance the project, and if the expenditur­e is not shown in the budget for the current fiscal year, the corporatio­n must pass a bylaw to specifical­ly authorize the borrowing. The bylaw requires approval by a vote of owners of a majority of the units. An existing, general borrowing bylaw is not sufficient. Is a condominiu­m corporatio­n responsibl­e for the drying and cleaning of a basement flood caused by a cracked foundation? It was determined by the corporatio­n’s contractor that this is what caused the leak.

The condominiu­m corporatio­n is responsibl­e for repairing the common elements. If the corporatio­n failed to have the leak repaired within a reasonable time after discoverin­g the deficiency, the corporatio­n may be found to be responsibl­e — due to its own failure — for the damage caused to an owners’ 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.

 ?? DREAMSTIME ?? A man who lived with his girlfriend and baby for six months may be considered a resident by the board.
DREAMSTIME A man who lived with his girlfriend and baby for six months may be considered a resident by the board.
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