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Check condo agreement to see who is responsible for window screen repairs

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.

toronto Star: https://www.thestar.com/life/homes/opinion/2019/02/08/check-condo-agreement-to-see-who-is-responsible-for-window-screen-repairs.html

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