Specific Legal Issues

April, 26 2022 Published by Eastern Ontario Chapter - By unknown

SPRING Q&A

From the Volume 31 issue of the CCI Eastern Ontario Condo Contact Magazine

WE WERE TOLD THAT WE COULD NOT HAVE A BARBECUE ON THE BALCONY – IS THAT TRUE?

Condominiums have different rules about barbecues (including which types are permitted, if any). It is difficult to comment on enforceability without reading the specific rules. However, it is likely that a rule prohibiting or limiting barbecues would be valid and enforceable as condominiums can pass rules that promote the safety, security or welfare of the owners and of the property and the assets (if any).

On a condominium balcony, improper use of a barbeque, leading to a fire, can result in damage to the common elements and units, and is a threat to the life safety of residents. Due to this, condominiums can pass rules governing their use (or prohibiting them). In addition, the TSSA (Technical Standards and Safety Authority) regulates the use of propane barbecues and these regulations result in propane barbecues not being permitted on balconies.

It is also important to note that municipalities might also restrict barbeque usage in condominium settings.

WE’RE RE-OPENING OUR POOL, WHAT DO WE NEED TO KNOW?

Most condominium pools are considered Class B public pools. As a result, condominium corporations must follow the protocols set out in legislation (Regulation 565 under the Health Protection and Promotion Act) for the opening and maintenance of their pool.

An important point to remember is that condominium corporations are required to notify the public health unit at least 14 days before opening the pool (if it has been closed for more than 4 weeks). Your public health unit will then do an inspection of the pool before it can be opened.

For more information about re-opening pools (cleaning, supervision, etc.)– refer to the Regulations!


Disclaimer: The answers provided above are for information purposes and do not constitute legal advice. n

 

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