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Albert apartment legislation pro Roberto Noce guides proprietors to their development’s condominium strategy
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Issue: I live in a condominium advanced high-rise constructing. There is a dispute concerning some of the owners and the board with regards to the duty to retain and maintenance the exterior home windows to the models. We want to know who will fork out for the servicing and repair service of the windows — the owners or the condominium company? Be sure to support!
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Remedy: The Condominium House Act sets out the signifies of analyzing the boundaries among units and popular assets by referring to the registered condominium prepare of your condominium advanced. Ahead of Sept. 1, 2000 (certainly, 21 several years in the past), all doors and home windows situated on exterior walls of the unit were part of the units unless normally stipulated in the condominium program. Immediately after Sept. 1, 2000, the presumption was reversed by the current part 9(2)(b) of the Condominium House Act. For that reason, all doorways and home windows situated on exterior walls of the unit are now presumed to be typical house unless of course otherwise stated in the condominium strategy.
This means the condominium company is accountable to pay out (by way of your regular apartment fees or a special levy) for the servicing, mend and/or replacement of the doorways and windows. The Condominium Home Act Polices contained a transitional provision (open for two decades right until Sept. 1, 2002 (and certainly, that is 19 yrs ago)) that allowed house owners of existing condominiums to pass a unique resolution to amend the registered condominium program, producing doors and home windows element of the specific models.
Helpful Trace: I am surprised this question still receives requested in 2021. The legislation has been clear for 21 many years. Talk to your condominium approach to see whether it is stipulated that maintenance of exterior doorways and home windows are basically the obligations of personal homeowners. You may also want to talk to a law firm to give you an opinion on who is accountable for your exterior doors and windows or on how to change your condominium system.
Roberto Noce, Q.C. is a associate with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your issues at [email protected]. Responses are not meant as lawful views visitors are cautioned not to act on the data furnished devoid of searching for legal guidance on their exclusive situation. Follow Noce on Twitter at @RobertNoce.