Are pet ID photographs actually legal?

Our board is changing our pet rule to include a limit of two pets per unit, and to require pictures of each pet.

Is the picture requirement legal?

The requirement to provide pictures to assist in the enforcement of the pet restriction would appear to be reasonable and thus enforceable. A court will not reject a rule unless it is found to be “clearly unreasonable.” We are renting out our townhouse on a short-term basis. We understand that we are entitled to do this since the condo’s declaration and bylaws do not have a requirement for a minimum lease period.

But we received a letter from the condo board, advising that since the declaration states the unit is to be used only as a private, single-family residence, we can’t rent it out for a short period.

We rent only to single families. Are we entitled to do so?

If the corporation’s governing documents does not define “single family,” the Ontario Court of Appeal has determined that “family” refers to parents and their children whether natural or by adoption and could include other relatives if living with that primary group.

If you are leasing only to a family as defined by the court, you are not in breach of the single family requirement in the declaration. That requirement does not prevent a short-term rental to a single family. Section 98 of the Condominium Act states that any improvement to common areas must be approved by the directors, and added to the title to the affected condo unit. Our property manager says improvements to the inside of our unit constitute improvements to the common elements. The property manager says this can’t be done without board approval. Is that correct? Section 98 sets out the basis upon which a unit owner may make alterations to the common elements. It requires the consent of the board and registry office registration on title to the unit of an agreement between the condominium and the unit owner.

Schedule C to the declaration will set out the boundaries of the unit. If those boundaries establish that the area to be altered is part of the unit and not part of the common elements, the board’s consent is not required, unless the declaration specifically requires the board’s consent for the contemplated alterations. The manager is incorrect that unit improvements constitute common element improvements. We have no condo board secretary or treasurer because our property manager says management takes care of those functions since they keep all records and sign all cheques. Is that correct?

The Condominium Act requires each corporation to have a president and a secretary — and all other officers as required by bylaw or by board.

The president is to be elected by the board from amongst the directors and the secretary is to be elected or appointed by the board. A treasurer is not necessary if not required by a bylaw of the corporation or by a resolution of the board.

Management cannot take over the functions of an officer required to be elected or appointed in accordance with the act. I bought a condo unit and am moving in shortly. Can I just go ahead and paint the interior before moving in, or must I let management know?

If you have not yet received title to the unit, you should obtain the consent of the condo owner. In any event, you should check the declaration and rules for any requirements in regard to interior painting. 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.