Is the damage your fault?
A leak from my ensuite shower caused damage to the ceiling of the unit below. The condominium hired a plumber and the corporation charged me for the cost of the plumber. A bylaw of the corporation states that the owner of the unit where the cause of damage to another unit originates will be responsible for the cost of repairs up to the amount of the deductible in the corporation’s insurance deductible. Was the back charge proper? The Condominium Act makes an owner of a unit responsible for the cost of repairs to another unit, up to the amount of the corporation’s insurance deductible, if that owner caused the damage by an act or omission.
The act provides that a declaration may alter the circumstances under which the amount will be added to the common expense contribution for the owner’s unit. The provision rendering an owner responsible for the cost of the repairs of damage that originated in that owner’s unit was contained in a bylaw and not in the declaration and is therefore not valid.
As well, please note that you are only responsible for the cost if you caused the leak by an act or omission. You are not responsible simply because the cause of the damage originated in your unit as stated in the invalid amendment. Some of the owners in our condominium want to remove the director who serves as the board presi- dent. If we cannot get the owners of at least 50 per cent of the units to vote for removal, must we wait until the director’s term is up in order to replace him?
If you can’t get sufficient votes to remove the director, he will remain in office until his term is finished. He may then decide to stand for reelection, in which case he could be defeated by another candidate for the available position. Our board passed a new rule that does not allow smoking tobacco or cannabis in our suites or in the common elements. All owners received notice of the rule. But it was not sent to residents who are not owners, nor was it sent to the condominium staff. The condominium staff will not enforce the rule. Is that acceptable?
Section 119 of the Condomini- um Act provides that an occupier of a unit shall comply with the Act, the declaration, the bylaws and rules. Sub-section 58(6) of the Act requires the board, upon making a rule, to give notice of it to the owners.
The board is not required to send the notice to unit occupants who are not owners. But the unit occupants must comply with the rule, even without having received the notice. Sub-section 17(3) requires the corporation to take all reasonable steps to ensure that the occupiers of the units comply with the rules.
The condominium corporation, therefore, must take all reasonable steps to ensure compliance with the new rule by unit occupants.
Gerry Hyman is a former president of the Canadian Condominium Institute and contributor for the Star. Reach him on email: gerry@gerryhyman.com