Condo act does not require prohibitions to be ‘reasonable’ – Vancouver Real Estate Update 2012

Condo act does not require prohibitions to be ‘reasonable’ - Vancouver Real Estate Update 2012

Q: Our declaration provides that the board of directors may “unreasonably and arbitrarily” prohibit unit owners from constructing any enclosure on an owner’s exclusive use common element terrace, patio or balcony. I know that the Condominium Act requires rules to be reasonable. Can a declaration provision enable the board to act unreasonably and arbitrarily?

A: The act does not require declaration requirements or prohibitions to be reasonable. Even in the absence of the declaration provision, an owner could not add to, alter or improve exclusive use common elements except in compliance with section 98 of the act. Section 98 requires approval by board resolution and the board is not obligated to act reasonably in declining to pass the resolution.

Q: We discovered that the cap on the chimney of our townhouse had blown off, allowing water to enter the chimney. The corporation replaced the cap but refused to have a furnace inspection to check for rust damage. The board advised that the corporation wasn’t responsible for “internal mechanical matters.” I have arranged for a furnace inspection. Shouldn’t the condominium corporation reimburse us for the cost of any required repairs to the furnace?

A: The maintenance and repair of the furnace is likely your obligation under the declaration. The fact that the external chimney and cap were common elements would not render the corporation responsible for any damage unless it resulted from the corporation’s failure to replace the chimney cap within a reasonable time.

The situation changes, however, when the damage results from a risk included in the corporation’s insurance policy, which covers both the common elements and the units. Water damage to your furnace should be an insured risk although the repair costs will likely fall within the deductible under the policy.

The Condominium Act renders the corporation responsible for the cost of insured repairs up to the amount of the deductible. Any repair costs in excess of the deductible will be payable by the insurer but must be paid by the condominium corporation if it chooses not to make an insurance claim.

Q: A unit owner who is a property manager for a firm in competition with our property management company wishes to stand for election to the board. May our board, of which I am a member, disqualify him as a candidate?

A: No.

Source, Image: The Star, Remodeleze

If you have any real estate questions or if you are thinking of buying or selling your home, please do not hesitate to email James Chung, Metro Vancouver REALTOR® at [email protected] or call ( 6 0 4 ) 7 1 9 – 6 3 2 8 today!

James Chung

Vancouver Lifestyle, Cool Tech & Travel Adventure. Email: [email protected]

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