CONDO LAW
No need to change lock to match master key
October 31, 2009
Gerry Hyman
SPECIAL TO THE STAR
Q: The front door lock for my highrise unit jammed several years ago. I had a new lock installed and gave a key to the superintendent. The declaration provides that if an owner installs a lock which does not work with the master key for the building the unit owner must provide the corporation with a copy of the new key. The superintendent said that even though he has a key to my door, for his convenience I must change the lock at my expense to match the master key. Am I obligated to comply?
A: If you have provided a key in accordance with the declaration, the corporation has no right to require you to change the lock. The front door of a highrise unit is invariably part of the common elements. The corporation could decide to change the lock at its expense but the decision must be made by the board and not by the superintendent.
Q: My board says that I must pay $50 for a copy of the corporation's bylaws because I received a copy 10 years ago when I bought my unit. Is that a proper charge?
A: The bylaws are records of the condominium corporation. The Condominium Act provides that a unit owner is entitled to examine corporation records with three exceptions: records relating to employees of the corporation; records relating to litigation or insurance investigations; records relating to other owners or other units.
A corporation within a reasonable time must provide copies of examined records if they are requested. The corporation is not entitled to charge for producing records for an owner to examine but is entitled to a reasonable fee for labour and copying charges if copies are requested. A fee of 15 cents to 25 cents per page is often charged.
Your receipt of a copy of the bylaws 10 years ago is not relevant.
Q: You previously wrote that the Ontario Government changed the proposed regulations relating to smart meters so that the installation by condominium corporations will not be mandatory. Our board and management company are presently negotiating for the installation of the meters in our building. I have heard horror stories about the installation and servicing costs for smart meters and many owners in our building do not want them. When our views were made known to the board we were advised that the board is working in the interests of the corporation. Shouldn't the decision about the meters be made the unit owners?
A: The Condominium Act provides that a common element alteration by a corporation estimated to cost more than 10 per cent of the corporation's budget requires approval by an affirmative vote of owners of 66 2/3's of the units.
If the estimated cost is less but in any month will be more than 1 per cent of the budget, owners of at least 15 per cent of the units are entitled to requisition an owners' meeting to vote on the alteration. A simple majority vote will suffice.
The act provides that those provisions do not apply if the alteration is necessary to comply with any other statute. I am of the opinion that under the Electricity Act and its regulations the individual meters are to be installed based solely on a determination by the board of directors.
The board is not required to seek owner approval or to provide the owners with an opportunity to requisition an owners' meeting to vote on the installation.
Write gerry@gerryhyman.com or fax to his attention at 416-925-8492. Letter volume prevents individual replies.
Lawyer Gerry Hyman is an expert in condominium law and appears Saturdays in New in Homes & Condos.
Toronto Star