Check condo agreement to see who is responsible for window screen repairs
My kitchen window screen is torn.
Management says repairs to the screen are my responsibility. Is that correct
since the screen is part of the window assembly?
As I had previously pointed out declarations in
highrise condominiums invariably state that the boundary of a unit is the
inside surface of the windows. If the screen is inside, the window repairs will
be your obligation — unless the declaration requires the corporation to carry
out screen repairs.
My basement unit has a patio located
approximately two feet below grade. If the patio drain becomes blocked
following a rainfall and my unit is damaged by water, am I responsible for
repairs? You are normally responsible for the cost of repairing damage to your
unit. But the corporation may be held responsible for such cost if the flood
resulted from the corporation’s failure to remove the drain blockage within a
reasonable time after it became aware of the blockage.
I deliver my cheque for my monthly common
expense contribution to management before the first of each month. I have
received an email from management stating that I must deliver my cheque at
least seven days before the due date or payment will be considered late. Can
the corporation do that? The Condominium Act provides that a board may pass
by-laws to govern the assessment and collection of common expense
contributions. The corporation could pass a by-law requiring contributions to
be made by certified cheque or bank draft — or otherwise delivered seven days
before the due date. But, in the absence of such a by-law, payment by you of an
uncertified cheque would appear to be satisfactory payment unless, of course,
the cheque bounces.
We own a unit in a large, old condominium.
We have had little or no heat, or hot water, for a long time and have had
temperatures inside as low as 61F. Management says they are working on it. But
there has been no improvement. The township by-law office says the minimum heat
is 68F. The township could issue a non-compliance order but that would probably
result in a fine that the unit owners would share and may not ensure that the
situation is corrected. Neither would be going to the press which would devalue
our units. What can we do?
If the board continues to fail to carry out
the necessary common element repairs to correct the heat and water problems,
you and other owners with the same problems might engage a litigation lawyer.
The lawyer would advise the corporation that you will commence a legal action
requesting the court to issue a compliance order requiring the corporation to
carry out its common elements maintenance and repair obligations. Such a
lawsuit would also request that the corporation be ordered to reimburse you for
your legal costs in bringing the law suit.
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