Limits on where dogs can be are legal
Can a condo board pass a rule forbidding owners to allow their dogs on the property of other unit owners?
Yes, if the board concludes that such dogs will constitute unreasonable interference with the use and enjoyment by other owners of their property. The board must send a notice to all of the owners, with a copy of the rule stating when it will become effective, and advising that at least 15 per cent of the owners may requisition an owners’ meeting to vote on the rule. I am the sole owner of my condo and am thinking of arranging a secured line of credit on my home. Must I advise the property manager or board before doing so? No. Is it illegal for the board to budget less for contributions to the reserve fund than the amounts specified in the reserve fund study?
The corporation is required to maintain a reserve fund that will be sufficient to pay for the expected major common element repairs and replacements for the next 30 years. Those amounts will be set out in the reserve fund study, which must be updated every three years.
Within 120 days of receiving a study, the board must propose a plan for the future funding of the reserve fund that meets the requirements of the Condominium Act. The plan may differ from the study, but the unit owners must be sent a summary of the plan and a statement indicating any areas in which the plan differs from the study. If the board has reason to believe the contributions required exceed the amounts required by the Condominium Act, the board may prepare a reserve fund plan showing lesser
Should the condo corporation’s insurer be asked to pay the cost of the repairs to an owner’s unit, rather than the owner’s insurer?
The Condominium Act states that the corporation will repair the units but also states that the declaration may transfer the obligation to the unit owners —in which event an owner should look to their own insurer. Our board contracted the replacement of all balcony doors and windows in our building’s 178 units.
No inspections of the common element components to be replaced were carried out, and there were no consultations with the unit owners. Can the corporation do this?
The corporation is required to carry out necessary replacements to the extent that the doors and windows had deteriorated and required updating. In that event, notice to or approval by the unit owners was not required.
If the replacements were for the purpose of adding to, altering or improving those common elements which did not require replacement, the corporation could only proceed in accordance with Section 97 of the Condominium Act. That section requires the corporation to notify all of the owners, describing the proposed common element modifications, advising whether the modifications will reduce or eliminate the owners’ use of their units or of the common elements, advising of the estimated cost and indicating how it will be paid.
The board must also advise that owners of at least 15 per cent of the units may requisition an owners’ meeting to vote on whether the modifications should be carried out.