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Condo Living - Why are rules created
A guide to owning a condo – The Reserve Fund
So you have made the decision to purchase a condo, and beyond the traditional excitement and anxiety that comes with any major life change, there are some fundamental aspects that you must understand before signing on the bottom line, specifically the financial condition of the condo corporation, with regard to the reserve fund.
How To Prepare for Condo Living
CONDO LIVING - CONDO INSURANCE
Many condo owners have a misconception that they don’t need household insurance, because it is covered by the corporation through their common expenses payment made each month. All condominium corporations must carry insurance on the building, and this policy should be available to every owner. This policy, however, does not cover everything, and in some instances, deductibles can be quite high.
CONDO LIVING – WHAT EVERY CONDO OWNER SHOULD KNOW
CONDO LIVING – IN CASE OF A FIRE EMERGENCY
Condo Law Series — Up in Smoke
Police in Condos
What does the board have to do if the police attend with a warrant? What if they don’t have a warrant? When should the condominium contact the police because of an incident that occurred on the property?
In the past these questions were not easy to answer. While the condominium’s lawyer could provide general advice, there wasn’t really much case law to support the advice. Fortunately, in the past few years there have been cases that give some guidance.
Burst Pipe in Your Home — What is Your Responsibility for Repair After Damage
Whether you live in a townhome or high rise, the impact of water damage as a result of a burst pipe can be a very trying experience.
Depending on the severity of the event you may be dealing with damaged possessions such as furniture and clothing (otherwise known as contents) and possibly your walls, ceilings and flooring. In extreme cases it may involve you having to relocate from your home for a period of time.
While each condo is unique, that Corporation’s Declaration, By-laws and Rules, as well as the Condominium Act, 1998 along with case law, provide some baseline in determining the responsibility of all parties.
Video Surveillance
We have all seen examples where video has been used in reviewing an event or incident, shedding light and exposing the world to the raw details of what happened.
While the media has primarily focused on the use of personal video recordings to further their cause of selling the news by shocking viewers with graphic images, the use of video surveillance at your complex should be viewed with the objective to primarily deter unlawful behaviour, and secondly, to assist in the investigation of criminal activity.
Condo Living — In Case of an Emergency — Water/Electrical
WATER LEAK
Water leaks in buildings can be very damaging and costly to owners, so take the time to familiarize yourself with all shutoff valve locations.
WHEN A LEAK OCCURS
Close all the shut-off valves in your unit including main valve, and secondary valves that exist in your unit such as individual sinks, dishwasher, washing machine, toilets, and refrigerator.
Notify your property manager or building manager immediately. Mop up and collect any continuing water leakage to minimize water damage to your unit and neighbouring units.
NON-EMERGENCY LEAKAGE
If water leaks from faucet/reservoir into sinks/toilets you should notify the property manager to ensure that it is not causing water damage. It is usually the owner's responsibility to organize to have leaks fixed by a licensed and insured plumber.
DURING A POWER OUTAGE
Locate your electrical panel as well as trip-switches on specific power outlets.
Check if the outage is limited to your unit, check the individual breakers in your electrical panel as well as trip-switches on specific power outlets. If your neighbours' power is also out, notify the property manager or building manager and your local hydro authority.
Turn off all tools, appliances and electronic equipment. Turn your thermostat(s) down to minimum to prevent damage from a power surge when power is restored. Also, power can be restored more easily when there is not a heavy load on the electrical system.
Turn off all lights, except one, so that both you and hydro crews outside know that power has been restored. Don't open your freezer or fridge unless it is absolutely necessary. A full freezer will keep food frozen for 24 to 36 hours if the door remains closed.
Never use charcoal or gas barbecues, camping heating equipment, or home generators indoors. They give off carbon monoxide. Because you can't smell or see it, carbon monoxide can cause health problems and is life-threatening.
Use proper candle holders. Never leave lit candles unattended and keep out of reach of children. Always extinguish candles before going to bed.
Listen to your battery-powered or wind-up radio for information on the outage and advice from authorities.
Are You Protected — Condo Board Members
The Occupational Health & Safety Act (OHSA) aims to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily.
Every officer and director of a corporation must take all reasonable care to ensure that the corporation complies with the Act and regulations as well as with any orders and requirements of Ministry of Labour inspectors, Directors and the Minister [section 32].
The goals and objectives stems from the premise of Recognize, Assess, Control and Evaluate.
Accessibility for Ontarians with Disabilities Act (AODA)
The AODA was created with the intent to make Ontario a more accessible place to live and work, by clearly identifying, removing and preventing barriers for persons with disabilities. Making Ontario more accessible for people with disabilities creates a win-win situation for both businesses and customers.
Through this piece of legislation, five standards have been developed which place mandatory requirements on private and public sector businesses with at least one employee in Ontario. These standards are: Customer Service; Information and Communication; Employment, Transportation; and Built Environment.
A Guide to Owning a Condo — The Reserve Fund
So you have made the decision to purchase a condo, and beyond the traditional excitement and anxiety that comes with any major life change, there are some fundamental aspects that you must understand before signing on the bottom line, specifically the financial condition of the condo corporation, with regard to the reserve fund.
The Condominium Act requires that the corporation maintain a separate fund to be used solely for the purpose of paying for the major repair and replacement of the common elements and assets of the corporation. Depending on the building, this can include exterior wall claddings, roofing, windows, doors, heating and cooling systems, site elements including roads, sewers, even playground equipment.
A Guide to Owning a Condo — Butt Out
A hot topic facing many condominiums in Ontario is the handling of second hand smoke.
The Province introduced the Smoke-Free Ontario Act to help smokers quit, encourage young people to never start, and most importantly, to protect people from exposure to second-hand smoke. Over the years, you have seen first-hand evidence of the Province’s strategy. It is illegal to light or use a tobacco product in a motor vehicle with anyone inside under 16 years of age. Smoking is banned on or around children’s playgrounds, publicly owned sports fields and all bar and restaurant patios.
The Act also prohibits smoking in the common areas of condominiums, which includes elevators, hallways, parking garages, party rooms, laundry facilities, lobbies and exercise areas, but does not attempt to regulate the use of a private dwelling.
CMHC — Condominium Basics
Condominium living can be an appealing housing option. It’s often affordable and someone else handles much of the maintenance and repairs, such as shovelling snow and replacing the roof. Many condominiums have enhanced security features over those found in single-family houses and offer a wide range of social, entertainment and recreational activities.
However, purchasers should be aware — before they buy — of the many issues and considerations surrounding the purchase of, and the lifestyle in, a condominium. Condominium ownership is very different from owning a home under traditional fee simple tenure. This section of the Guide will help you better understand this unique form of ownership and prepare you for successful condominium living.
Government of Ontario — Declarations, By-Laws and Rules
Condo declaration
The declaration sets out how the condominium corporation is owned. The document:
- defines the units
- defines the common elements
- shows the percentage of ownership each unit has in the common elements
- shows how much each owner must pay in condo fees (owners of a 3-bedroom condo may pay a higher monthly condo fee than owners of a 2-bedroom condo)
Different condo corporations define ownership in different ways. In some condominiums, the outside wall is defined as part of the individual units. In others, the outside wall is part of the common elements. These distinctions are important. They may determine if you will need to pay for window-washing services or repairs to the front porch of your townhouse.
The declaration can be changed, but this happens rarely. Changing the basis of a unit’s contributions to condo fees would require the support of 90% of the owners. Even changing a non-financial matter in the declaration, like pet restrictions, would require 80% agreement.
If you’re buying a unit in a newly-built condo, the proposed or existing declaration is included with the disclosure statement. If you’re buying a resale condo, it’s included with the status certificate.
Condo by-laws
The by-laws set out how the corporation will be run. They deal with the responsibilities and powers of the board of directors, how meetings will be run and the collection of condo fees. The by-laws must be approved by a majority of the owners.
Condo rules
The board of directors may also make rules to govern day-to-day living. Rules help promote the safety, security and welfare of the owners. These may include how the freight elevator can be used or if owners can have pets.
Restrictions
The declaration, by-laws and rules will set out any restrictions on how you can use your unit or the common elements. If you’re new to condo living, you might find some of these surprising. For example, they may:
- restrict the size or number of pets
- specify the colour of your shades or blinds
- require you to file certain documents with the condo corporation if you want to rent your unit
- restrict certain renovations in your unit
You should review your condominium’s declaration, by-laws and rules to learn about any restrictions and to make sure that the way you want to use your condo is allowed.
Government of Ontario — How Condos Are Run
In some ways, a condo development is like a small municipality. The owners of each unit are members of the condo corporation and have the right to vote at meetings (1 vote per unit).
An elected board of directors, like a town council, makes decisions on behalf of the owners, and often hires staff to carry out the work. Just as towns have a town manager, condominiums often have a condominium manager.