Most condominium corporations have rules, regulations and by-laws that residents must abide by. This includes things like complaints, guest suite privileges, gym hours and visitor parking.
A board of directors may make rules respecting the use of the common elements and of units to promote the safety, security or welfare of the owners and of the property and assets of the corporation, or to prevent unreasonable interference with the use and enjoyment of the units. Condo boards have a Duty to Enforce which means has a statutory duty to reasonably enforce the declaration, by-laws and rules.
The Smoke Free Ontario Act specifically prohibits smoking in any common area in a condominium, including elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas.
More and more condominiums are now moving forward with rules prohibiting smoking in units.
How do you deal with smoking neighbors in a condo?
Be calm, polite, stick to the issue, and ask what solutions might be available. Bring with you or include your doctor’s note about exposure to secondhand smoke if applicable. Request for a meeting and ask other neighbors who are being affected by secondhand smoke to attend the meeting with you or send letters too.
Most condominiums have restrictions on pets. Condo boards who receive nuisance complaints about pets can follow up on complaints by requesting that pet owners change their behaviour. Examples of what may constitute nuisance includes:
- excessive barking or whining
- where the owner does not clean up after their pet
- roaming unleashed on the common elements
- urinating/defecating on balconies
The condo board is responsible to send enforcement letters requesting the negligent pet owner provide better supervision and clean up after their pets. In severe situations, the condo board, neighbours and pet owners may need to turn to the Condominium Authority Tribunal to resolve an issue.
Noise must be “unreasonable” for a condo owner to rightfully take action. Speak to them directly and ask the noisy neighbour to quiet down. In the case of a single incident, like a house party, it may be time to report them; however, if it’s an ongoing noise problem, you may instead wish to offer your neighbour a firm warning and if it still continues, the next thing is filing a formal complaint to your condo board or management company. If no action is taken, then you might have no choice but to take legal action. That will mean bringing your complaint to a higher authority -The Condominium Authority Tribunal.
For over 20 years, Huron Shores Property Management has specialized in managing condominium complexes across Southwestern Ontario from Windsor to London.
Looking to hire a professional condominium management company in Windsor Essex? Contact us for a no obligation consultation meeting today.