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Albert condominium regulation expert Roberto Noce guides owners to their development’s condominium program
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Issue: I dwell in a condominium intricate superior-rise building. There is a dispute amongst some of the homeowners and the board regarding the obligation to preserve and repair the exterior windows to the units. We want to know who will shell out for the routine maintenance and repair of the home windows — the owners or the condominium company? Remember to enable!
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Answer: The Condominium Property Act sets out the implies of deciding the boundaries in between units and prevalent residence by referring to the registered condominium strategy of your condominium complex. Right before Sept. 1, 2000 (of course, 21 a long time ago), all doorways and windows situated on exterior partitions of the unit ended up aspect of the models except or else stipulated in the condominium plan. After Sept. 1, 2000, the presumption was reversed by the present area 9(2)(b) of the Condominium Residence Act. Thus, all doors and home windows found on exterior walls of the unit are now presumed to be frequent house until otherwise mentioned in the condominium plan.
This implies the condominium corporation is accountable to spend (through your every month rental service fees or a special levy) for the maintenance, restore and/or replacement of the doors and home windows. The Condominium Residence Act Polices contained a transitional provision (open for two a long time right until Sept. 1, 2002 (and of course, that is 19 decades in the past)) that permitted owners of present condominiums to pass a unique resolution to amend the registered condominium approach, producing doorways and home windows component of the individual units.
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Beneficial Trace: I am stunned this issue even now will get requested in 2021. The legislation has been obvious for 21 several years. Consult your condominium prepare to see whether it is stipulated that maintenance of exterior doorways and windows are truly the tasks of personal owners. You could also want to consult a attorney to give you an view on who is liable for your exterior doors and windows or on how to improve your condominium plan.
Roberto Noce, Q.C. is a lover with Miller Thomson LLP in both of those the Edmonton and Calgary places of work. He welcomes your issues at [email protected]. Responses are not intended as authorized thoughts visitors are cautioned not to act on the information and facts presented without in search of legal suggestions on their unique situations. Comply with Noce on Twitter at @RobertNoce.