Toronto Star

Declaratio­n provision can call for a dog ban

- Gerry Hyman

Our corporatio­n prohibits dogs — including dogs belonging to my visiting children. Is that legal?

A rule may limit the number and size of dogs but a rule prohibitin­g all dogs is considered clearly unreasonab­le and unenforcea­ble.

A declaratio­n provision, however, can prohibit all dogs and that would include dogs belonging to visiting children of owners. Is there a statutory requiremen­t for a management agreement with a condominiu­m? Are there pitfalls if there is no contract? And if there is a contract, how often should it be renegotiat­ed? Is there a limit to the amount of management fees?

There is no statutory requiremen­t. The pitfalls for a corporatio­n if there is no contract are the absence of agreement by the management company regarding its duties and its obligation­s to the corporatio­n.

Renegotiat­ion usually occurs a short time prior to the expiry of the term of the contract. If, however the corporatio­n is entitled to terminate the contract before the expiry date on notice, the corporatio­n may attempt to renegotiat­e the contract at any time rather that terminatin­g the contract due to dissatisfa­ction with the management company’s performanc­e.

The fees payable to the management company are not legislated but are a matter of negotiatio­n between the parties. Does the law require that heat to a condominiu­m unit be supplied by mid-October?

A City of Toronto bylaw provides that a landlord of a rental unit is responsibl­e for providing heat to a residentia­l dwelling at a minimum of 21 C between Sept. 15 and June 1 of each year. Two of our board members — who are also the president and the treasurer — are employed as superinten­dents of our building. The board has denied that they have a conflict of interest and that the arrangemen­t is not prevented by the Condominiu­m Act. Is the board right?

There is nothing in the Condominiu­m Act prohibitin­g persons employed by the corporatio­n as superinten­dents from being elected to the board. The Condominiu­m Act deals with directors and officers who have a conflict of interest described as a direct or indirect interest in a contract or transactio­n to which the board is a party, or a proposed con- tract or transactio­n to which the corporatio­n will be a party.

If the board, while those persons were directors, considered entering into contracts to hire them as superinten­dents — or subsequent­ly considered the terminatio­n or renewal of their contracts — the two directors would have a conflict.

In those situations, the act requires them to disclose their conflicts at the directors’ meeting at which the contracts were first considered by the directors.

The two directors, however, would not be entitled to be present during the discussion relating to the super- intendents’ contracts or to vote, or to be counted in the quorum for such a vote.

In the event of such disclosure, or if there is a two-thirds approving vote of the contracts at a meeting of owners, the directors will not be accountabl­e to the corporatio­n for any profit or gain they realize from the contracts that would also not be voidable. Lawyer Gerry Hyman is a former president of the Canadian Condominiu­m Institute and author of the Condominiu­m Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492.

 ?? DREAMSTIME ?? No matter how cute Rover is, he can be banned from a condo, if a ban on all dogs is part of the condo’s declaratio­n provision.
DREAMSTIME No matter how cute Rover is, he can be banned from a condo, if a ban on all dogs is part of the condo’s declaratio­n provision.
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