Cheque fees not allowed without bylaw changes

I pay my common-expense contributions monthly by cheque. Management has advised that we’ll be required to pay a $10 fee for cheque payments rather than automatic account debit. Can the board do this?

The condominium corporation’s documentation would have to be amended to require the bank account debit or, alternatively, the additional $10 payment. This could be done by the passage of a bylaw, or an amendment to an existing bylaw, as the Condominium Act permits bylaws to “govern the assessment and collection of contributions to the common expenses.” The bylaw or amendment requires the approval by an affirmative vote of the owners of a majority of the units. Bylaws must be reasonable but a court will not uphold a challenge to a bylaw unless the court determines that it is clearly unreasonable. And such a bylaw would likely be upheld by a court.

A condo corp. rule would not suffice as rules must be “respecting the use of common elements and units.” The tenant in the unit below mine is a smoker. I cannot open a window due to his second-hand smoke. My complaints have been ineffective. What can I do?

It is a common problem. Subsection 117 of the Condominium Act, as recently amended, prohibits any activity in a unit or on the common elements that is likely to cause injury or an illness to an individual.

The likelihood of serious illness from breathing secondhand smoke has been clearly established. You should point out to the board of directors the corporation’s obligation to enforce the prohibition in the Condominium Act.

Should the board refuse to act on the prohibition, you might discuss with a condominium litigation lawyer the commencement of a court action pursuant to Section 134 of the Condominium Act requesting an order requiring the corporation to enforce the statutory prohibition. My main floor condo unit has plumbing within the outside wall to permit outdoor watering. If the water pipe breaks, who is then responsible? What insurance should be obtained?

The boundary of your unit is likely the backside of the drywall so that pipes behind the drywall are part of the common elements. The condominium corporation, under the Condo Act, will be responsible for repairs to pipes and for repairing any water damage to the common elements.

The Act also provides, however, that the declaration may alter that obligation by providing that each owner shall repair the owner’s unit.

If the bursting of the pipe is not the result of the negligence or failure of the corporation, it will not be responsible for the unit owner’s cost of the repairs to the owner’s unit. The unit owner’s insurance should cover the cost of the unit repairs for which the unit owner is responsible.