Toronto Star

Pet ban is not always valid

- Gerry Hyman

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.

 ?? DREAMSTIME ?? If a ban on pets is in the condo’s declaratio­n, it’s valid. If it’s in a rule, you don’t have to evict your animal, Gerry Hyman writes.
DREAMSTIME If a ban on pets is in the condo’s declaratio­n, it’s valid. If it’s in a rule, you don’t have to evict your animal, Gerry Hyman writes.
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