Leaflets are property of condo owners
Even if flyers are prohibited, a resolution is needed for others to remove them
Owners in my building have placed leaflets on each unit’s door handle, advertising a condominium community website. One of the directors has been seen removing them. Can he do this?
The leaflets were placed on the door handles for the benefit of the unit occupants. Removal of the leaflets should only be by occupants or by the director if the board passed a resolution. The resolution would appear to be necessary even if the dec- laration or rules prohibited attaching anything to the door handles.
I have received two questions from non-smokers. One reader advises that her neighbour below smokes a cigarette at least every 30 minutes and smoke is entering her unit. But she’s been advised by her condo corporation that she does not have the right to prevent it. The reader asks what her rights are.
Section 117 of the Condominium Act prohibits any activity in a unit or the common elements that is likely to cause injury to an individual. Injury to an individual must include injury to the individual’s health.
In fact, Section 117 of the Act is about to be amended to refer to an activity causing injury or illness. A computer search will reveal ample evidence that second-hand smoke constitutes a severe health risk. The board might be informed that the corporation, pursuant to Subsection 17(3) of the Act, has a duty to take all reasonable steps to ensure compliance with the Act. The board must, therefore, take steps to ensure that smoke from the neighbour’s unit does not escape to the reader’s unit. If necessary, that will include prohibiting the offender from smoking in a manner that permits the objectionable release of second hand smoke.
Asecond reader complains secondhand cigarette and marijuana smoke entering into her unit. A computer search will confirm that secondhand marijuana smoke is also a health hazard, and the corporation must take the necessary steps to insure compliance with Section 117.
Can the board pass a rule that would allow penalties for breach of parking rules?
No. penalties by a Corporation are not permitted in Ontario under the Condominium Act.
Can a Corporation limit the number of units that can be rented?
No. A court has held that the right to rent an owner’s unit is an incident of ownership and cannot be removed by setting a limit on the permitted number of rentals.
Our building has been promoted as an adult-only building. Can we pass a bylaw to ensure that it is adult-only?
No. The Divisional Court held in 1991 that an adult-only provision constituted discrimination under The Human Rights Code based on family status and was thus invalid. 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.