Can I lease my condo through Airbnb?
I have arranged short term leases of my unit, through Airbnb, between now and next October. Management now tells me that the condominium has a rule prohibiting leases of less than six months. Since I already have several agreed-upon reservations for my unit and the cancellation costs with Airbnb are fairly substantial, do I have any recourse?
The right to lease your unit is an incident of ownership and cannot be prevented by a condominium corporation. The courts have held, however, that the right to lease may be limited and a rule requiring leases of not less than six months or a year is valid.
You are deemed to be aware of the rules and are bound by them. You could try apologizing to the board and ask that the existing lease arrangements be allowed as the prospective tenants are relying on their bookings. However, that may not work since the board has a statutory obligation to enforce the rules.
Our condominium has a contract with a TV provider to supply basic service to all residents. A new owner would rather use the Internet for his TV signal and wants his common expense contribution reduced accordingly. Is his request valid? Can other owners require a common expense reduction because they do not want to use the swimming pool or tennis court?
A contract between the condo corporation and a TV supplier for the provision of service to all units is not unusual. The cost paid by the corporation for the service is a common expense that must be shared by all unit owners in accordance with their percentages of common expenses. And you are correct: this is no different than common expenses of the corporation in regard to the costs of maintaining a swimming pool or tennis court.
An owner cannot demand a reduction in their share of the common expenses because they don’t use the swimming pool. Likewise, he cannot require a reduction because he doesn’t want to get the TV signal.
Our board has signed a contract to replace concrete walkways for an amount that is much greater than that specified in the reserve fund study for the work to be done at a later date. In addition, the amount is greater than 10 per cent of our current budget, which would make it a substantial change requiring a vote of 66-2/3 of the owners. What can owners do to stop the project?
If the contract is for the necessary repair or replacement of the common element walkways, the board is obligated to have the work carried out — regardless of the cost and notwithstanding that the actual or estimated cost exceeds the estimate in the reserve fund study. Owners’ consent is not required.
The requirement for an approval vote of 66-2/3 of the owners if the cost exceeds 10 per cent of the current budget only applies to additions, alterations or improvements to the common elements — not to necessary repairs or replacements.
If the board has entered into a contract for necessary common element repairs or replacement at a price that after due diligence appears proper, the corporation is obligated to proceed with the work without the approval of the unit owners. 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.