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Air conditioner installation depends on condo bylaws

Share CloseShare this Story: Air conditioner installation depends on condo bylaws Copy Link Email Facebook Twitter Reddit LinkedIn TumblrNews Local NewsCOVID 19PoliticsCrimeNationalCOVID 19 WorldInsightVideosWeatherArchives Sports HockeyEdmonton OilersCult of HockeyNHLEdmonton Oil KingsJunior HockeyFootballEE FootballCFLNFLGolfGolf Videos BaseballBasketballNBANCAASoccerMLSInternational SoccerLocal SportsTennisCurlingOlympicsOpinion EditorialsColumnistsLettersMalcolm Mayes editorial cartoonsBusiness Local BusinessOpen during COVID Featured BusinessesReal EstateCommercial Real EstateMortgagesEnergyTechnologyGamingInternetPersonal TechScienceSpaceTech BizFP Markets Small BusinessAlberta's Top EmployersArts Local ArtsMoviesMovie Listings TelevisionTV ListingsTheatreMusicBooksCelebrityFestivalsWhat's OnLife Fashion BeautyHomesBuying and SellingCondosDecoratingGardeningRenovatingVacation HomesFoodLocal food reviewsRecipesTaste AlbertaHealthDiet FitnessFamily ChildMenSeniorsSexual HealthWomenParentingRelationshipsRoyalsTravelSki SnowboardPuzzles ComicsContestsObituaries Browse Notices Place an Obituary Place an In Memoriam Classifieds Place an Ad Business Card Directory Celebrations Real Estate Marketplace Local Directory This Week's FlyersJobs Auction DrivingHealthingThe GrowthOpPodcastsePaper Our OffersMy AccountFAQBreadcrumb Trail LinksHomesCondosAir conditioner installation depends on condo bylawsWe would like to install an air conditioner in our condominium unit. When we submitted the request to the board for approval, the property manager came to us and said that if we wanted to install an air conditioner, the condo bylaws would need to be amended. We are prepared to accept responsibility for concerns regarding modifications to the exterior wall, but the condominium corporation has said no at this time. Our daughter in another condo building got approval. When we submitted the request to the board for approval, the property manager came to us and said that if we wanted to install an air conditioner, the condo bylaws would need to be amended. We are prepared to accept responsibility for concerns regarding modifications to the exterior wall, but the condominium corporation has said no at this time. Our daughter in another condo building got approval. What should we do fight or move?A: I am assuming that the exterior walls of your condo building are common property. The fact that your daughter in another condo building received approval for her request is immaterial. Each condo corporation is governed by their own rules and bylaws, and what may apply in one may be illegal in another. Unfortunately, you may not get the answer you want. You may want to consider hiring a lawyer to give you an opinion as to whether or not the position of the condominium corporation is correct.Article content continuedHelpful Hint:Condo living is tough at the best of times. If the bylaws do not allow for things like adding an air conditioning unit, then there may not be anything you can do unless you want to change the bylaws.Q: Should all motions, and the discussion pertaining to those motions, be included in the Annual General Meeting (AGM) minutes? Also, shouldn't the motions that are to be presented under new business at an AGM be quite clear on the AGM agenda? My concern is that only those attending the AGM would be privy to the full context of the motion. All owners, not just those who attend the AGM, have a right to know how their funds are being used.A: First, the minutes of an AGM and/or board meeting need not include a complete transcript of the discussion. However, if there is a motion that was made at the AGM and a discussion followed, there should be some context of the discussion so that owners and/or future owners become aware of what was discussed at the AGM. It is a delicate balance of ensuring that people have an understanding of the discussion, but at the same time, it is not a transcript of the discussion. With respect to the motions under new business, it is better if you are able to provide notice to the owners in advance of the meeting, especially if you know that this is going to be discussed at the meeting. However, from time to time, there are motions that are made from the floor under new business.Article content continuedHelpful Hint: Minute taking is an art, and it requires an understanding of what is relevant and what is not relevant. However, I have always taken the approach that a good set of minutes provides information and an understanding of the direction of the owners and/or board.Q: I have not received my security deposit back from my previous management company. What can I do?A: Unfortunately, you did not provide me with enough information to understand why you provided a security deposit to your management company. Unless there were damages and a reason to withhold your security deposit, it should be returned shortly after the end of your tenancy. In any event, whatever your situation is, I would strongly urge you to write a letter to your former landlord and/or property management company and create a paper trail of the concerns and the delay that have occurred as a result of your deposit. The worst case scenario would be that you would be forced to sue someone for the return of the deposit or contact the Landlord and Tenant Advisory Board, depending on your situation.Helpful Hint: When you provide a security deposit, make sure you understand the rules for how the security deposit is being used, held, and how it will be returned.Q: My condo board has asked each owner to provide them with a copy of their insurance certificate. Do they have a right to do this?Story continues belowThis advertisement has not loaded yet, but your article continues below.Article content continuedA: That depends. Take a look at your bylaws to determine who is responsible for what with respect to your insurance requirements. As well, do you live in a traditional style condominium building or a bare land condo? My answer may be different, and I think you may want to spend some time to determine what exactly they are looking for in their request.

Share CloseShare this Story: Air conditioner installation depends on condo bylaws Copy Link Email Facebook Twitter Reddit LinkedIn TumblrNews Local NewsCOVID 19PoliticsCrimeNationalCOVID 19 WorldInsightVideosWeatherArchives Sports HockeyEdmonton OilersCult of HockeyNHLEdmonton Oil KingsJunior HockeyFootballEE FootballCFLNFLGolfGolf Videos BaseballBasketballNBANCAASoccerMLSInternational SoccerLocal SportsTennisCurlingOlympicsOpinion EditorialsColumnistsLettersMalcolm Mayes editorial cartoonsBusiness Local BusinessOpen during COVID Featured BusinessesReal EstateCommercial Real EstateMortgagesEnergyTechnologyGamingInternetPersonal TechScienceSpaceTech BizFP Markets Small BusinessAlberta's Top EmployersArts Local ArtsMoviesMovie Listings TelevisionTV ListingsTheatreMusicBooksCelebrityFestivalsWhat's OnLife Fashion BeautyHomesBuying and SellingCondosDecoratingGardeningRenovatingVacation HomesFoodLocal food reviewsRecipesTaste AlbertaHealthDiet FitnessFamily ChildMenSeniorsSexual HealthWomenParentingRelationshipsRoyalsTravelSki SnowboardPuzzles ComicsContestsObituaries Browse Notices Place an Obituary Place an In Memoriam Classifieds Place an Ad Business Card Directory Celebrations Real Estate Marketplace Local Directory This Week's FlyersJobs Auction DrivingHealthingThe GrowthOpPodcastsePaper Our OffersMy AccountFAQBreadcrumb Trail LinksHomesCondosAir conditioner installation depends on condo bylawsWe would like to install an air conditioner in our condominium unit. When we submitted the request to the board for approval, the property manager came to us and said that if we wanted to install an air conditioner, the condo bylaws would need to be amended. We are prepared to accept responsibility for concerns regarding modifications to the exterior wall, but the condominium corporation has said no at this time. Our daughter in another condo building got approval. When we submitted the request to the board for approval, the property manager came to us and said that if we wanted to install an air conditioner, the condo bylaws would need to be amended. We are prepared to accept responsibility for concerns regarding modifications to the exterior wall, but the condominium corporation has said no at this time. Our daughter in another condo building got approval. What should we do fight or move?A: I am assuming that the exterior walls of your condo building are common property. The fact that your daughter in another condo building received approval for her request is immaterial. Each condo corporation is governed by their own rules and bylaws, and what may apply in one may be illegal in another. Unfortunately, you may not get the answer you want. You may want to consider hiring a lawyer to give you an opinion as to whether or not the position of the condominium corporation is correct.Article content continuedHelpful Hint:Condo living is tough at the best of times. If the bylaws do not allow for things like adding an air conditioning unit, then there may not be anything you can do unless you want to change the bylaws.Q: Should all motions, and the discussion pertaining to those motions, be included in the Annual General Meeting (AGM) minutes? Also, shouldn't the motions that are to be presented under new business at an AGM be quite clear on the AGM agenda? My concern is that only those attending the AGM would be privy to the full context of the motion. All owners, not just those who attend the AGM, have a right to know how their funds are being used.A: First, the minutes of an AGM and/or board meeting need not include a complete transcript of the discussion. However, if there is a motion that was made at the AGM and a discussion followed, there should be some context of the discussion so that owners and/or future owners become aware of what was discussed at the AGM. It is a delicate balance of ensuring that people have an understanding of the discussion, but at the same time, it is not a transcript of the discussion. With respect to the motions under new business, it is better if you are able to provide notice to the owners in advance of the meeting, especially if you know that this is going to be discussed at the meeting. However, from time to time, there are motions that are made from the floor under new business.Article content continuedHelpful Hint: Minute taking is an art, and it requires an understanding of what is relevant and what is not relevant. However, I have always taken the approach that a good set of minutes provides information and an understanding of the direction of the owners and/or board.Q: I have not received my security deposit back from my previous management company. What can I do?A: Unfortunately, you did not provide me with enough information to understand why you provided a security deposit to your management company. Unless there were damages and a reason to withhold your security deposit, it should be returned shortly after the end of your tenancy. In any event, whatever your situation is, I would strongly urge you to write a letter to your former landlord and/or property management company and create a paper trail of the concerns and the delay that have occurred as a result of your deposit. The worst case scenario would be that you would be forced to sue someone for the return of the deposit or contact the Landlord and Tenant Advisory Board, depending on your situation.Helpful Hint: When you provide a security deposit, make sure you understand the rules for how the security deposit is being used, held, and how it will be returned.Q: My condo board has asked each owner to provide them with a copy of their insurance certificate. Do they have a right to do this?Story continues belowThis advertisement has not loaded yet, but your article continues below.Article content continuedA: That depends. Take a look at your bylaws to determine who is responsible for what with respect to your insurance requirements. As well, do you live in a traditional style condominium building or a bare land condo? My answer may be different, and I think you may want to spend some time to determine what exactly they are looking for in their request.

Air conditioner installation depends on condo bylaws

Air conditioner installation depends on condo bylaws


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