Q: Several months ago two of the three directors of our condo corporation resigned. The remaining director called an owners’ meeting to elect new directors but a quorum wasn’t achieved. Subsequently, the property manager wrote to owners setting out an increase in the monthly common expense contributions. Can the property manager do that in the absence of a board?
A: Unless the board passed a new budget before the directors resigned, the increase is not valid. The remaining director should once again call an owners’ meeting and if the director fails to do so any unit owner may call the meeting. The corporation cannot operate without a board. Efforts must be expended to achieve a quorum and to secure candidates for the board positions. The owners may be content not to face a common expense increase but an increase may be necessary to meet the operating costs of the corporation.
Q: I have been bothered with loud plumbing noises since my neighbour renovated his kitchen. The property manager says I have to live with it. Do I?
A: The plumbing work may have required the board’s approval in accordance with the declaration. If the plumbing work extended into the common elements, a board resolution approving the work was required together with an agreement between the owner and the board to be registered against title to the unit.
Board approval would likely have required that the work be carried out by a licensed plumber. Even if board approval was unnecessary, or was obtained, and the work was performed by a plumber, the board must investigate if there appears to be a breach of a declaration or rule prohibition of undue noise from one unit to another. If there is a breach the board must require the unit owner to take the steps necessary to eliminate it.
Q: Our reserve fund study estimates that the 22-year-old unit windows have a life expectancy of 30 years. I believe that some of our windows have failed as we can feel cold drafts. There is condensation between the panes. The management company took the position that the condensation indicates that the humidity in the unit is too high requiring a lifestyle change. During our absences from the unit for several days when there is no cooking, showers or baths and thus no humidity increase the condensation nevertheless occurs. Is there anything we can do?
A: It is my understanding that if condensation appears between the panes rather than on the inside face of the window, the seal between the panes has failed and the window should be replaced. The life expectancy in the reserve fund study is an estimate and the windows must be replaced if they fail earlier.
Q: Is a condominium corporation entitled to provide free consumables to the owners? Our highrise condominium has a laundry room on each floor. The board has advised that bleach will be made available in the laundry rooms to eliminate the carpet stains caused by owners transporting bleach from their units.
A: The Condominium Act provides that the corporation has a duty to control, manage and administer the common elements and the assets of the corporation. The corporation complies with that duty in placing bleach in the laundry rooms in order to protect the common elements and to eliminate the costs associated with damage to the hallway carpets.
By Gerrry Hyman. Special to the Toronto Star, 2011. Send questions to [email protected] or fax to his attention at 416-925-8492. Letter volume prevents individual replies. Lawyer Gerry Hyman is an expert in condominium law.