Violin lessons causing traffic in our complex
QI am on the board of directors and we have a problem with someone who provides violin lessons at their condo unit. These lessons are ongoing: weekends, evenings, etc. The neighbours on both sides have no noise complaints but the board is concerned about all the extra traffic that is coming and going. Can we prevent this person from running a business out of their unit? ANSWER: Home businesses are becoming more and more frequent. However, in a condominium corporation the declaration nearly always provides that units are to be used for residential purposes (single family dwelling). Providing that there is no activity that is threatening the safety and security of others, increases the corporation’s costs, or interferes with other neighbours, any attempt to prevent the violin lessons could be a challenge. If the sound transmission from the violin lessons unreasonably interfered with other unit occupants then this would be a breach of the declaration or rule that prohibits activity that constitutes a nuisance or unreasonable interference with other neighbours. Since the writer stated the neighbours are not complaining about any noise, it appears extra traffic is the only major concern. The directors should contact the owner and set up a meeting to discuss the matter. Maybe a compromise could be reached. The violin teacher could cut down on traffic by conducting some lessons in the client’s home or the students could be dropped off and picked up at an alternative location. Keep in mind the condo owner may need the additional income that these violin lessons provide. Jobs are being eliminated daily and in most cases two family incomes are necessary to survive in such a pricey economy. Open communication between board members and owners should result in a reasonable solution that works for both parties. This type of effort will definitely create excellent community spirit. QUESTION: Recently my friend and I purchased a condo together. We were wondering if both of us have a vote at the AGM (meeting) and what if we disagree on who or what to vote for? Please advise us on voting protocol. Thanks! ANSWER: According to the Condominium Act of Ontario there is only one vote for each unit. If you and your friend cannot agree then your one vote that is shared between you will not be counted. Owners should take their voting privilege very seriously. One vote could change the entire outcome of a very important matter. There is also a vote by proxy. If a condo owner cannot attend the meeting they may appoint a proxy to vote on their behalf at the meeting. Marilyn Lincoln is a condo owner, director and author of “The Condominium Self Management Guide”2nd ed. Send questions to marilyncondoguide@hotmail.com To order a copy of her guide send $39.95 plus $4.98 shipping and handling to The Condo Guide, 163 Thaler Ave. Suite #302, Kitchener, Ontario, N2A, 1R4