Pet ban is not always valid
The status certificate for the condo we were purchasing stated “no pets allowed.” Our lawyer told us that nothing could be done. Was he right?
If the pet ban is in the declaration, he is right — the ban is valid. If the ban is in a rule, however, the courts have held that it is unreasonable. Since the Condominium Act requires rules to be reasonable, such a rule is unenforceable and is not valid. Apipe under the kitchen floor of our unit leaked and caused flooding. I refused to pay the $5,000 deductible under the corporation’s insurance policy and the board has added that expense, plus interest, to my common expense contributions. Can the board do that?
If the damage is covered by the corporation’s insurance, which contains a deductible payment for the repairs up to the amount of the deductible — according to the Condominium Act — it is the responsibility of the corporation.
You would be responsible, if you or a person residing in your unit with your permission or knowledge caused the damage.
If the pipe failed through no act or omission by you or anyone residing in your unit, you are not responsible for any portion of the deductible. The corporation is responsible and has no right to add any part of the deductible to your common expense contribution. Under what section of the Condominium Act does the corporation have direct authority over tenants? It seems to me that the corporation has a legal relationship with the unit owners and not with the tenants. What am I missing?
Subsection 1 of Section 119 in the act requires an occupier of a unit to comply with the act, the declaration, bylaws and rules. Subsection 3 of Section 119 gives the corporation the right to require the occupiers of units to comply. I need new common-element windows in my highrise unit. The board requires that the property manager come to my unit to evaluate my windows. But I have had problems with the property manager who has bullied me for years and was incompetent when I had previously failed windows replaced. I don’t want him in my unit and have suggested that a director, backup property manager or president of the property management company do the window evaluation. But the board refuses. Must I allow entry to the property manager?
The replacement of failed com- mon-element windows is a duty of the corporation. If you are given reasonable notice that the corporation authorizes the property manager to enter your unit at a reasonable time to evaluate your windows, you must permit entry in accordance with Section 19 of the Condominium Act. I have posted my unit for rental on Airbnb. I have received a letter from the board that I will be subject to legal fees if I do not remove the listing. Must I do so?
You are entitled to lease your unit. The declaration or a rule, however, may specify that the term of a unit lease will not be less than a certain duration, such as six months or a year, which will invalidate most leases arranged through Airbnb. Such a requirement is valid and has been used by corporations to offset the undesirable effects of weekend or short-term rentals to unknown tenants. 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.