Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

I am inquiring about damage to other units caused by, for example, a toilet tank or a washer bursting in a top-floor unit.
I have been told that if the toilet tank bursts as a result of negligence by the unit owner, then the unit owner (or the owner’s insurance) pays for the damage to the other units. But if the bursting was not the result of the unit owner’s negligence, then the condominium corporation (or the condominium corporation’s insurance) is responsible for repairing the damage to the other units.

Answer

The Condominium Act provides that the condominium corporation shall insure both the units and the common elements. If the incident is an insurable item under the policy, which could include an overflowing toilet tank as you mentioned, then the condominium corporation would have to determine whether the damage was caused to the unit and/or the common elements.
Any improvements made by a unit owner or any personal belongings would not be covered by the condominium corporation’s insurance policy.
Even if a unit owner caused the damage or was negligent, the corporation still has the obligation to put the claim through its insurer to cover any damage to the units or common elements.
To determine if the damage was caused to the “unit” (covered) or to an “improvement” (not covered), the declaration and the by-laws need to be reviewed. The unit owner who suffered the damage, although innocent, would either have to pay the cost or put the claim through his/her own insurer.
The importance of determining who caused the damage is relevant in determining who pays the deductible portion of the condominium corporation’s insurance policy.

The Toronto Star Condo Living Section

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Plumbing codes state that when hot water tanks are replaced, a valve must be installed on the tank to cut the water temperature down to 49C. This, I feel, has created problems because the water in my dishwasher is not hot enough to thoroughly clean the dishes. Is it possible to add a valve with a new line in order to solve the problem? Who pays for the new valve line to correct this? Also, what happens to condos that have a central heating system?

Answer

The change in the Ontario Building Code revision for September, 2004, to which you refer, is required for new installations including replacement tanks and domestic hot water plumbing system upgrades. The national code is on hold until the issues of lower temperature and possible legionella are determined. Dishwashers and laundry machines are exempt from the code.
There is a good article on this topic in the recent Plumbing and HVAC Product news available at www.plumbingandhvac.ca.
Construction Control Inc. advises that the fix for townhouses should be relatively simple. You could install a temperature control valve for a supply line to limit hot water temperature to 49C for all bathroom and kitchen fixtures, while allowing a direct feed from the tank to the dishwasher and washing machine.
Alternatively, temperature-limiting valves could be installed at each faucet supply, or there are some Temperature Affected Flow Reduction, or TAFR, valves that may do the job.
If the retrofit is for a high-rise building then you should consult with an engineering consultant for the proper specifications.
You will need to check your condominium declaration to determine who is responsible for the maintenance and repair costs to hot water tanks.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

We have a unit owner who insists on keeping his front door open, wedged with a piece of wood. He is a heavy smoker and the hall reeks from tobacco smoke. He has been asked to keep his door closed, but he insists on keeping it open. I’m afraid that if he falls asleep smoking, it is dangerous for all of us on the floor – and he has had a fire in his unit. The property management will do nothing about this problem. Can you give me a suggestion on how we can rectify this problem?

Answer

You have good reason to be concerned and it is unfortunate that owners and residents do not realize they have a responsibility to ensure they do not jeopardize anyone’s safety by creating a hazard.

The Ontario Fire Code establishes the minimum fire safety standards, including the installation of door closures. This means that the Board of Directors and management should be taking steps where an owner has propped open a door which is required to be closed.

This is an issue which could also affect your corporation’s insurance and could also result in the Fire Department or the Ontario Fire Marshal’s Office involvement.

The board of directors of the condominium corporation is elected by the owners to carry out their duties for the benefit of all the owners. Directors often have to balance the needs of various individual owners.

A unit owner who wants to smoke is free to do so within the unit he or she owns. It is when the owner’s activity interferes with the other residents’ use and enjoyment of the condominium or where the activity poses some form of risk, that the board has to step in and look after the interests of the owners as a whole. This means smoking must take place within the confines of the unit and with the door closed.

You may want to meet face-to-face with the board at the beginning of a board meeting, if the members agree to do so, in order to get this issue resolved.

If the board and property management refuse to address this problem, as a last resort, you may want to consider taking steps to remove your existing board members and re-elect new board members. In order to do so, you will have to meet the requirements under the Condominium Act to requisition an owners meeting to remove and elect a new board.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

I am the owner of an adult lifestyle condo. We have both an indoor and outdoor pool. Children are allowed in the pool from 12 p.m. to 4 p.m. on weekdays and 9 a.m. to 1 p.m. on weekends and holidays. Some neighbors claim that we are discriminating against children. Emotions are running high, please help.

Answer

Condominium corporations often have their rules established by the developer and once the owners have elected their own board members, one of the many responsibilities of the board is to make sure that the rules suit their community.

Your corporation may have kept the original rules or modified its rules by passing new rules at a board meeting and circulating the rules to the owners. If the owners never objected to the rules, then the rules come into effect.

The first step is to try to deal with management and the board to see whether you can attempt to discuss your concerns and to see whether the board is willing to revisit a revision to the rules.

If the board and management refuse to do so, the owners have the right to requisition a meeting to amend or repeal a rule and this must be done in accordance with the Condominium Act.

If an owner cannot obtain enough support to go this route and feels that the rule is discriminatory, this is an issue which involves the Human Rights Code and is a matter which could be addressed through the Ontario Human Rights Commission.

What would be best would be to try to resolve this issue by working with the board and make every attempt to work toward maintaining a harmonious community.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Answer

Many of the privately issued tickets looked like City of Toronto tickets, and people would often pay the fines thinking the tickets were official. Many condo corporations that opted for private parking enforcement had an arrangement of sharing the fine revenues. If the ticket was issued by the city, all of the money collected goes directly to the city.

In July 2004, Toronto council passed a bylaw making private parking tickets illegal. Only the city may issue parking tickets, including on private property. All tickets must have the official Toronto city logo on the upper left side of the ticket, and the fines go to the city.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Answer

Everyone living in a condominium corporation is required to act in accordance with the Condominium Act, the corporation’s declaration, bylaws and rules.

If your corporation’s declaration and rules clearly state that the owner’s vehicle cannot be parked on the property, the board of directors, or the management company on behalf of the board, should write a letter to the owner advising him of the declaration provisions and rules dealing with motor vehicles and advising him that the vehicle must be permanently removed from the property.

The owner should also be advised that he is responsible to repair the damage he has caused to the common elements with his vehicle within a specified amount of time. Your corporation’s declaration most probably contains a provision that makes owners responsible for damage they cause to common elements and allows any costs that are incurred by the corporation to fix the damage to be added to the common expenses payable for the unit.

If the owner fails to make the repairs, the condominium corporation should do the work and add the costs incurred to the common expenses payable for the unit.

If the owner does not remove his vehicle, and/or does not repair the common elements the corporation should send the matter to its solicitor to take appropriate legal action.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Answer

Everyone living in a condominium corporation is required to act in accordance with the Condominium Act, the corporation’s declaration, bylaws and rules.

If your corporation’s declaration and rules clearly state that the owner’s vehicle cannot be parked on the property, the board of directors, or the management company on behalf of the board, should write a letter to the owner advising him of the declaration provisions and rules dealing with motor vehicles and advising him that the vehicle must be permanently removed from the property.

The owner should also be advised that he is responsible to repair the damage he has caused to the common elements with his vehicle within a specified amount of time. Your corporation’s declaration most probably contains a provision that makes owners responsible for damage they cause to common elements and allows any costs that are incurred by the corporation to fix the damage to be added to the common expenses payable for the unit.

If the owner fails to make the repairs, the condominium corporation should do the work and add the costs incurred to the common expenses payable for the unit.

If the owner does not remove his vehicle, and/or does not repair the common elements the corporation should send the matter to its solicitor to take appropriate legal action.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

We live in a relatively small, self managed condominium. Recently, through concentrated efforts to ensure we comply with all aspects of the new Condominium Act, we have changed from a friendly, family-oriented building to one where there is animosity and distrust of the board. One of the main reasons for the change is lack of communication and an over-aggressive president.

In past years, the cost of all social events which are very few and would not exceed $300 would be paid from the general operating fund. We have now been informed that any money for social events or sympathy recognitions will not be paid for by the condo, but must be raised through a social membership and restricted to those members only who wish to participate.

What area of the Act deals with these concerns?

Answer

Living in a condominium corporation requires very clear communication among the board of directors, the management company and the owners.

While it is possible that sometimes individuals on the board of directors may be too aggressive, it is my experience with various boards that they are composed of individuals who care about the well-being of the corporation, as well as the people who live there.

There is no provision in the Act that deals with social activities. The Act requires that a corporation have a budget which is comprised of common expenses. All items that qualify are listed in the corporation’s declaration, so you should review the schedule to the declaration to see whether this type of expense could fall within those categories.

If not, then it may be that the Corporation cannot collect this expense from the owners as a common expense and to make it one would require an amendment to the declaration. This is quite involved and not easy to do.

If it is determined that the activities could fall under a common expense category, then the directors have the discretion to decide whether to include them in the budget. It is ultimately up to the board to decide, but do express your concerns to the board.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question

Our building is around 10 years old and the carpets in the common areas need to be replaced. Actually, they are being replaced at the moment.

The original carpets were of a good quality and had padding underneath. However, the building management made a decision to replace this type of carpet without any under padding.

This has resulted in terrible echoing and the magnifying of any sounds in the common areas.

My question is, should not the condo owners get the same quality of carpets which means their money’s worth? Do not tell me that maybe the management is trying to save, which is not the case as they have sufficient funds which have been kept aside for this use.

Can the condo owners demand for a replacement of the carpets being installed with a better quality or what can we do?

Answer

In reading your question, I can see a few issues: The obligation of the Board of Directors in replacing the carpet and the under padding, the rights of the owners in such cases, and the importance of sound advice by the management company to the Board of Directors.

The Board of Directors has the obligation to carry out maintenance and repairs to the common elements.

Certain changes are considered simply maintenance. Repairs and other changes may involve either notice to the owners or a vote of owners.

Section 97(1) of the Condominium Act provides that maintenance and repairs to common elements in which the material used is reasonably close in quality to the original material and is in accordance with current construction standards, can be carried out by the Board (corporation) without notice to the owners or owners’ approval.

If the Corporation does not meet the requirements in Section 97(1) and a position is taken that the under padding does not meet the reasonably close quality standard by being of lesser quality, then Section 97(3) provides that notice of such a change be given to the owners and the owners then have the right to requisition a meeting within 30 days of receipt of such notice.

Whether the under padding is considered a Section 97(1) maintenance and repair item or is a change that would give the owners the owners to requisition a meeting to vote on this change, in either case I would recommend that you initially try to discuss this matter with the board of directors and your management company.

There may be a reason why the underpadding was not put in and you should be provided with an explanation.

If you cannot resolve the problem and you have the support of many of the owners, you can formally request a special meeting of the owners which will deal with this issue by requisitioning a meeting in accordance with Section 46 of the act.

Condo Living sent the following question to Shlomo Sharon, President, Taft Forward Property Management Group

Question 1

I have reported the matter to both the management company and the president of the board. They have given me little or no response to this problem. Can you advise me as to what my rights are and how to get this problem solved?

Question 2

Answer

As you can imagine, it is very hard to determine if a heat wave will last for three days or for one day, for example. Even meteorologists make mistakes. Once the switch over has taken place, however, it takes time to mechanically switch the system back.

The difficulty is that in determining when to turn on the heat or air conditioning, the board of directors has to balance the needs of the condominium as a whole and the needs of the individual residents.

You should make your concerns known by informing the board and management in writing. If the board receives, in addition to yours, other complaints from the residents, they may consider implementing certain changes.

The property management or the Board of Directors should reply to your concerns if you have presented them in writing, even if only to explain to you the predicament of switching the system from cooling to heat and vice versa.

If all else fails, you do have the option to requisition an owners’ meeting, in accordance with the procedures set out in the Condominium Act, but only for the purposes of discussing this issue. The board has the authority to make the ultimate decision.

In the interim, a practical solution would be to have an electric heater in your unit for the duration of the cold snap and to turn down the heat, use a fan and open the windows if the weather is unseasonably warm.