Human Rights Code supersedes Condo Act
I have read in your column that a condominium corporation must accommodate a resident’s disability.
I have requested that the corporation clean the windows in my highrise unit as I am unable to do so due to my disability.
The corporation has refused. Can they do that?
Windows in a highrise condominium are invariably part of the common elements. The Condominium Act requires the corporation to maintain the common elements, but that obligation can be switched to the owners in the declaration. The Human Rights Code requires a corporation to accommodate an occupant’s disability and the code has priority over the Condominium Act.
Therefore, even if your condo’s declaration requires owners to repair their units’ windows, the Human Rights Code will require the corporation to clean your windows due to your disability.
You could, though, be required to produce medical evidence of the disability which prevents you from cleaning your windows.
While I was on vacation, the wiring in my car was severely damaged by rats or mice. The condo corporation refused my request to pay for repairs, saying there were no rat or mice droppings and no damage to neighbouring cars. Management has pointed out that rat traps were set on the instructions of the board of directors, who were aware of the problem.
Shouldn’t the corporation pay for the repairs?
If the corporation failed to take reasonable steps to deal with a rodent problem — of which it was aware and which resulted in damage to your car — you might consider legal action against the corporation.
The placing of traps indicates that the board took action to deal with the problem. If that action was reasonable, the corporation is not responsible for the damage to your car.
I am a director on a threedirector board. Is it OK for two directors to hold a board meeting in the absence of the third director?
Provided that all three directors receive notice of the date and time of the meeting, the meeting will be validly held if one director chooses not to attend but the other two directors constituting a quorum are present.
If one of the directors is not informed of the meeting, it will not be a valid meeting in that director’s absence.
Is a board allowed to use the reserve fund for such things as cutting owners’ lawns, or painting the front doors of individual units?
No. The reserve fund may only be used for necessary major repairs to, or replacement of, common element items.
Lawn cutting and door painting are not necessary repairs or replacement of the common elements.