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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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My town house I have owned 6 years has just informed they no

Customer Question

My town house I have owned for over 6 years has just informed they no longer allow barbecues on balconies. My barbecue has been there the entire time I have lived here. What can I do. They are threatening fines from the condo board
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Was this a by-law change?

Customer: replied 1 year ago.
I received a letter that says the board of directors has observed I didn't comply with a letter they sent me a month ago. It says they are sanctioning my unit for contravention of the policy
Expert:  Debra replied 1 year ago.

But what I am asking is how the board went about making it that BBQs are no longer permitted.

I am asking about their procedures.

Customer: replied 1 year ago.
I don't know, I haven't ever been to the meetings and don't bother with the letters they send out. I pay my dues keep to myself and have never created damage. The letter ends by threatening to apply for a court order to have the barbecue physically removed.
Expert:  Debra replied 1 year ago.

Can you get out the first letter and see if it says they have made a change to the rules or bylaws and when and how they did this?

Are the other owners upset as well?

Customer: replied 1 year ago.
Assuming this is a by law change how can it apply to an existing condition that has not changed since I moved in. The attached patio should be considered part of my unit and there was no agreement made at time of purchase stating an issue having it in my unit. I don't know my neighbours and am not aware of their opinion.
Expert:  Debra replied 1 year ago.

If this was a bylaw change then the board needed to get two thirds of the owner to agree with the change.

The reason why am asking about how they made the change and who agrees with it is that the only way you can deal with them successfully is is if they did not go about getting the requisite vote done properly. If the majority of the owners or in the case of the bylaw change two thirds of the owners decide that they no longer want anyone to be able to have a BBQ on their patio then it is likely that this is enforceable. This is how community living works.

It is possibly the case that the insurance premiums are going to become too high if units could have their own barbecues but I don't know for sure of course.

So if you want to try to fight this only thing you can do at this point in time is find out what went on and how this change came to be.

Do you see what I mean?

Customer: replied 1 year ago.
I see what you are saying, I have sent an email requesting information about why it is suddenly an issue. How do I go about obtaining proof of the 3/4 vote pass. As I wasn't aware of it I find it hard to believe they managed to get 3/4 to show up and vote in favour of reducing the value of our units.
Expert:  Debra replied 1 year ago.

Ask for copies of the minutes of the various meetings that happened over the course of the last year. So that would include the annual general meeting and any board meetings. As an owner you have a legal right to copies of the minutes.

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