If an owner wishes to make an alteration to the common elements – say, a landing pad on the roof, for Santa’s sleigh – there are various requirements that apply. Those requirements are as follows:
Under Section 98 of the Condominium Act ("the Act"), the alteration requires consent of the Board and an agreement between the owner and the condominium corporation, registered on title to the owner's unit. The agreement must deal with certain matters set out in Section 98.
Unless the alteration meets the criteria listed in Section 98(2) of the Act, it may be necessary to involve all owners in the approval process, pursuant to Section 97 of the Act.
[Note 1: If an owner is entitled to an alteration under the Ontario Human Rights Code, this requirement will not apply. However, depending upon the circumstances, an agreement (Item 1 above) might still be appropriate.
Note 2: Even if owner involvement isn't required in a particular case, it may still be wise to notify owners of the permitted alteration(s).]
The Declaration, By-laws and Rules may contain additional requirements.
Any status certificate subsequently issued in relation to the unit must make reference to the alteration (in paragraph 23 of the certificate).
In our view, a "Section 98 By-law" may be an excellent way to satisfy Items 1 and 2 above, and can save the expense of having to register a separate agreement for each permitted alteration.
We are feeling nostalgic over the holidays this season, and we hope that this post finds you happily curled up in your condos with a warm blanket, a cup of hot cocoa, and a great book!
Once a writer, always a writer! Looking into our past, we have found a wonderful Christmas poem written by our blog editor, Jim Davidson, when he was only twelve years old. It suits our mood perfectly, and we hope that sharing it with you will warm your heart and bring back memories of your own holidays past, whatever your favourite traditions may be.
Our very best wishes for a safe and happy holiday season!
The Condo Law News team.
A Christmas Poem
Well I remember what Rudolph said to old St. Nick
He said “Santa old buddy, the fog’s kinda thick
I can’t see a foot for the snow and the sleet
And at this rate, Santa, it’ll take us all week”
Santa just smiled and he said “what’s your worry?”
He said “Rudolph, relax, there ain’t no hurry
The weather’ll change when we get off the coast
And until then, Rudolph, we’ll just make the most”
Onward they flew, their hearts aglow
Braving the cold, and dodging the snow
And as a shimmer appeared with the closing of night
They finished their task, and slipped from sight
Then came the warmth of the morning sun
The air was fresh, the job was done
And though all the people were far far away
They brought ‘em all together on Christmas day
Our “Condo Conundrums” event on November 28, 2013 was a huge success! We had several full tables of condominium directors, managers and insurance adjusters, with one of our lawyers leading the discussion at each table. The “table topics” were:
Insurance (including D&O)
Reserve Fund Studies
We all learned a lot, and we received some wonderful feedback and suggestions for our next session!