Condo law
Hyman: What owners can do if one turns out to be a hoarder
December 31, 2010
Gerry Hyman
SPECIAL TO THE STAR
Q: The recent devastating fire on the 24th floor of a downtown Toronto highrise caused enormous damage and 1,700 people were homeless for days. The fire was apparently attributable to a hoarder of boxes and paper. We have been advised that we have a similar situation in one of our units. Is there anything in the Condominium Act that would assist the board in bringing the dangers to the attention of the unit owner?
A: Section 117 of the Act provides that no person shall permit a condition to exist in a unit or in the common elements that is likely to damage the property or cause injury to an individual.
The corporation has a duty to take all reasonable steps to ensure that an owner or occupier of a unit complies with the Condominium Act, the declaration, bylaws and rules. A corporation should act quickly in demanding that the offending owner deal with a fire risk situation.
The corporation has also the right to enter a unit and to carry out unit maintenance that the owner has failed to carry out within a reasonable time if the failure presents a risk of damage or injury.
The corporation’s costs in carrying out the maintenance will be added to the owner’s common expense contributions. The corporation has a lien against the unit if the costs are not paid by a date specified by the corporation.
The board could choose to apply to a judge for a compliance order to require the owner to remove the offending items or for an order permitting the corporation to enter the unit to carry out the cleanup if the owner prevents access.
Should a judge make a cost order against the owner, all of the corporation’s legal costs for the court application, including amounts in excess of the amount ordered by the judge, will be added to the common expense contributions for the owner’s unit.
The board, in attempting to determine whether a fire risk exists, could call the fire department. Departments in some municipalities will inspect; those in other municipalities will not. A finding by the fire department that there is a fire risk will be helpful if an application to a judge is necessary.
Q: Twenty of the 200 units in our new condo building are unsold. Will the developer be responsible for paying common expenses, including reserve fund contributions, for the unsold units once the declaration is registered?
A: Yes.
Q: Can owners require the condominium board to exercise the corporation’s right to terminate the contract of the management company?
A: The Condominium Act provides that owners of at least 15 per cent of the units may submit a requisition for an owners meeting, stating the nature of the business to be presented at the meeting.
The Act does not clarify what business may be presented and voted on at the meeting. It is generally accepted, however, that owners cannot requisition a meeting to vote on matters within the authority of the board.
On that basis, if the board refuses requests by some owners to terminate the management contract, the owners’ recourse would be to requisition an owners’ meeting for a vote on the removal and replacement of one or more of the directors.
Removal of a director is a serious matter and requires an affirmative vote by owners of more than 50 per cent of the total number of units. There must be a separate vote for the removal of each director.
Send questions to gerry@gerryhyman.com. Letter volume prevents individual replies. Lawyer Gerry Hyman is an expert in condominium law.