Board has no authority to levy fines on girlfriend
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.