You previously wrote that a rule banning dogs is clearly unreasonable and therefore unenforceable. Does that apply to a rule banning cats?
Yes, a condominium corporation rule banning all pets — or even just cats — would be considered unreasonable and unenforceable. The Condominium Act, and the province’s courts, require rules to be reasonable.
But if the pet ban is in the condo corp.’s declaration, then it is valid.
The condominium corporation has advised owners that they are installing new smoke detectors in each unit, at a charge of $50. I have a perfectly good working smoke detector. Can they force me to take a new smoke detector?
If the corporation has reason to believe that your smoke detector is deficient, and if the detector is part of your unit and not of the common elements, the corporation could require an inspection of the unit. If the detector is deficient, the corporation could require you to replace it. And if you fail to do so, the corporation would be required to carry out the replacement at your cost.
But if the inspection shows there is no problem with your detector, the corporation is not entitled to replace it and charge you the cost.
We cannot get access to any board meeting minutes unless we pay $25 up front in regard to each meeting. Could I demand that the corporation pay me $500?
The new regulations under the Condominium Act provide that a corporation may charge a fee to an owner who requests a record. The Act also says the fee shall be a reasonable estimate of the amount required to reimburse the corporation for the actual labour and delivery costs incurred for making the requested record available — or for delivering a copy of the record. It also states that the costs will include the printing and photocopying charges, which shall not exceed 20 cents per page. No charge is to be made for printing or photocopying if the corporation delivers the copy in electronic form.
The Act previously stipulated that if a corporation, without reasonable excuse, failed to permit an owner to examine a requested record or to receive a copy, the corporation must pay the owner $500.
That has now been replaced by a requirement that the condo corp. pay the owner a sum determined in accordance with the regulations. Those regulations simply provide that the amount shall not exceed $5,000.
Lawyer Gerry Hyman is a former president of the Canadian Condominium Institute and author of Condominium Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-449-7071.