Now that spring has arrived, many owners are again beginning to enjoy their balconies and terraces. These are wonderful assets of our buildings!
The Condominiums have some simple but important rules to provide for everyone’s safe enjoyment of these areas, while maintaining the aesthetics of the building.
The Boards have recently conducted a review of these rules and the current use of balconies/terraces.
Based on this, we would like to remind you of a few existing rules, and let you know about some updates.
Storage of Items on Balconies/Terraces
We would like to remind everyone that storage of items on balconies/terraces, including bicycles, boxes, etc., are not permitted.
Barbecues
A number of owners currently have barbecues, or have expressed an interest in obtaining one. While we see serious safety concerns with permitting other types of barbeques, these concerns do not extend to electric barbecues. This will be addressed by rewording the existing the rule from:
4 (f) No barbecues may be used indoors or on balconies or patios.
To:
4 (f) No barbecues may be used indoors or on balconies or patios
, with the exception that a single 1800 watt, or lower, electric barbecue may be used outdoors per balcony and/or patio. Other types of barbecues, including propane or charcoal types, are not permitted.
If you prefer to use a gas barbecue, the barbecues located on the ground floor common patio area continue to be available for this purpose.
Carpeting on Balconies
We have been advised that carpeting in contact with the concrete balcony slabs decreases the lifespan of the balcony. This will be addressed by this new rule:
11 (f) Carpeting may not be placed on balconies.
Cigarette Butts and other Dropped Items
There have been ongoing complaints about cigarette butts and other items being dropped or falling from balconies/terraces. This creates a hazard for your neighbours below, and a mess that they have to clean up. This will be addressed by this new rule:
11 (g) Owners and residents are responsible to ensure that nothing is dropped or falls from balconies or patios, including cigarette butts.
Plants
Based on the current requirements that were put in place by the developer, written approval of the Board is required for any plants on balconies or terraces. To eliminate unnecessary bureaucracy, while maintaining the building’s appearance, the following new rule will grant permission for some plants without requiring you to go through the process of seeking Board permission.
Note that the introduction of this rule will not invalidate any written approvals previously granted by past or present Boards.
11 (h) Approval is granted for plants to be grown on balconies and patios, if the following conditions are met:
i) No planter boxes may be hung on the outer side of railings
ii) No plant material may be permitted to hang from, or over balconies
iii) Dead plants shall be promptly removed and all other plants shall be maintained
iv) Excessive or overgrown plants are not permitted
If the Corporation determines that an owner or resident is not meeting these conditions, that owner may be required to remove the plants from the balcony or patio.
In keeping with proper operating procedures for Ontario condominiums, the rule updates underlined and bolded above will come into effect 30 days from the date of this notice, unless the owners of at least 15 percent of units requisition a meeting on this matter within the 30 day period. Also, in keeping with Ontario law, the procedure for requisitioning such a meeting is quoted below, verbatim from the Ontario Condominium Act. (For those who were owners/residents at that time, you may recall this 30 day period is the same procedure that was followed when the existing visitor parking rules were established.)
If you have any questions regarding these updated rules, we welcome you to contact your Board of Directors, either via the property manager, Mike Murphy, or via the email addresses listed on the first page of this memo.
CORPORATION: Owners
Section 46
(1) Requisition for meeting.
A requisition for a meeting of owners may be made by those owners who at the time the board receives the requisition, own at least 15 per cent of the units, are listed in the record maintained by the corporation under subsection 47 (2) and are entitled to vote. 1998, c. 19, s. 46 (1).
(2) Form of requisition.
The requisition shall,
a) be in writing and be signed by the requisitionist;
b) state the nature of the business to be presented at the meeting; and
c) be delivered personally or by registered mail to the president or secretary of the board or deposited at the address for service of the corporation. 1998, c. 19, s. 46 (2).
(3) Same, removal of directors.
If the nature of the business to be presented at the meeting includes the removal of one or more of the directors, the requisition shall state, for each director who is proposed to be removed, the name of the director, the reasons for the removal and whether the director occupies a position on the board that under subsection 51 (6) is reserved for voting by owners of owner-occupied units. 1998, c. 19, s. 46 (3).
(4) Duty of board.
Upon receiving a requisition mentioned in subsection (1), the board shall,
a) if the requisitionist so requests in the requisition or consent in writing, add the business to be presented at the meeting to the agenda of items for the next annual general meeting; or
b) otherwise call and hold a meeting of owners within 35 days. 1998, c. 19, s. 46 (4).
(5) Non-compliance.
If the board does not comply with subsection (4), a requisitionist may call a meeting of owners which shall be held within 45 days of the day on which the meeting is called. 1998, c. 19, s. 46 (5).
(6) Reimbursement of cost.
Upon request, the corporation shall reimburse a requisitionist who calls a meeting under subsection (5) for the reasonable costs incurred in calling the meeting. 1998, c. 19, s. 46 (6).