FAQs

Low Condo Fees:
Underbudgeting creates increased condo fees primarily by forcing the condo corporation to raise fees to cover unexpected expenses, such as emergency repairs and ongoing cost increases from inflation, or by requiring a special assessment to catch up on funding shortfalls that should have been anticipated. Underbudgeting also leads to insufficient contributions to the reserve fund, which are crucial for planned major repairs and replacements, further increasing the likelihood of higher fees or special assessments to fund these necessary projects. 

Insufficient Funds for Operating Costs:

• An initial budget that is too low will not account for rising costs of utilities, insurance, maintenance, and contracted services, forcing the condo corporation to increase fees to cover these expenses mid-year or in the next fiscal year.

Inflation:

• The cost of maintenance services increase over time. Contractors may also increase fees at some point. We live in a world where the price of major items affects the price of all products and services.

Unexpected repairs or lawsuit:

• Major repairs and lawsuits can be expensive and may require a fee increase. 

Mismanagement:

• Financial mismanagement by the condo board or property manager.

Activities of residents:

• If residents are following rules and protocol that reduces the burden of monitoring and cleaning ups, then that won't put pressure on the condo management to hire more help. 

• Same with paying condo fees on time which will reduce the need to follow-up and even hire lawyers and enforcement officers.

• Same with dumping garbage or unwanted furniture in the wrong area of the complex. Such should be taken to the landfill.

• Dumping by residents or non-residents may put a huge burden on management. 

• Dumping trash or pet waste on the road, sidewalks, common areas, and the playground may also create more work for management. 

Age of Building:

• Older buildings require more frequent maintenance and repairs, which increases operational costs. 

Major Repairs & Upgrades:

• Unexpected major repairs or necessary building upgrades, such as a roof or elevator replacement, require more funding to address, especially if the reserve fund wasn't adequately prepared. 

Reserve Fund Study:

• A professional reserve fund study might reveal that the existing reserve fund is insufficient, requiring owners to contribute more to it for future large expenses.

Utilities:

• Higher costs for utilities like water, electricity, or heating for common areas can lead to increases.

HOMEOWNERS RESPONSIBILITIES

1. Ensure early payment of condo fees are paid on time. 

2. Play your role in keeping your unit and neighborhood clean and safe. 

3. Homeowners should be mindful of how their words and actions can positively or negatively affect the living conditions, and the resale value of their unit and that of everyone else in the neighborhood. 

   • • Example: Rumors and continuous negative communications can create a stigma. A property stigma is non-physical characteristic of a property that makes the property unattractive. This could have an emotional response in potential buyers. 

4. Educate your household, and tenants on our parking rules, waste disposal protocols, and much more.

   • • It is unwise to encourage your household or tenants to use visitors parking like a private parking spot.

     • Leaving your garbage outside is unsafe and unhealthy:

       • • This can attract pests, flies and roaches to the complex.

         • Items from your garbage can be blown to your neighbors property.

     • Take the 3 minutes test. [ Learn Some Basic Rules At 540 Essa ]  (Recommended for your household and tenants)

5. Do not speed while driving within the complex. We recommend speed of not more than 15km/hr.

   • • Have a clear view before backing out.

     • Your driving habits, music or style must not endanger or scare residents and their family members.  

     • Your private driveway should not be used as a repair shop. This includes bringing cars that do not belong to you for repairs.

     • Do not use your vehicle to do the following:

       • • Block fire hydrant or the drainage system.

         • Park on sidewalks or block access to walkways.

         • Block access to garbage area.

6. Pet waste and other forms of trash should not be dumped in unauthorized areas.

   • • Unfortunately, we have witnessed non residents drive into the complex to dump garbage and furniture, park in unauthorized areas, and even walk around the complex with their pets.

7. Shopping carts, unwanted furniture, and other similar items should not be placed or abandoned anywhere within the complex.

   • • Dumping of furniture in the garbage area by residents or non-residents will put a huge burden on management.

     • Unwanted furniture and other items that do not fit into our garbage system should be taken to the Barrie landfill.

     • You can contact Mike the Junk Remover at 249-733-7047 to give you a quote to take your items to the landfill.

8. Selling or injecting drugs and other forms of non-family friendly activities such as public display of drunkenness are not welcome within the complex.

   • • The Government of Canada defines an alcoholic drink as any beverage “containing 1.1% or more alcohol” by volume. Generally speaking, provincial laws state that you must not remain in a public place while intoxicated or you can be charged with what is commonly known as drunk and disorderly. This also applies to being in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

     • Please seek help if needed  [ Substance Abuse ]

9. Pay attention to emails from the condo board, and plan to attend homeowners meetings.

10. Contact the condo board to share suggestions and make reports.  [ Submit A Report  ]

11. Homeowners are welcome to volunteer or recommend someone to volunteer their time and services with the condo management. 

    • • Generous donations are always welcome.  [ Donation Ideas ]

      • Here are some volunteer opportunities with the management.  [ Apply For A Role or Provide A Service ]

12. Safety and maintenance of individual units are the responsibility of the owner. 

    • • Homeowners should remember to change their furnace filter, test and change batteries in the smoke alarm and carbon monoxide detectors.

      • Upgrade door locks, maybe install security cameras, and a few other maintenance activities that may cost a little but are worth it in the long-run.

      • Common causes of serious fires include cooking, electrical problems, and candles. 

      • Never leave your home with stove, iron or portable heaters on. 

      • Homeowners should always clear the walkways in front of their units to avoid liabilities if someone falls. 

      • Residents should be mindful of the possibility of wind blowing icicles and chunks of ice from the rooftop. 

      • It's the responsibility of homeowners to ensure icicles and all forms of ice from their rooftops are not endangering to residents. 

• These chunk of ice can fall on residents.    [ News Report On Falling Ice ]      [ University Research On Falling Ice ]

• These chunk of ice can also damage individual properties as they can melt into the unit.  [ Expert Review On Falling Ice ]

13. Homeowners are primarily responsible for the actions of their entire household, guests, pets, contractors, and tenants.

14. If someone enters your property without permission, they are trespassing. 

    • • It's unacceptable to trespass on your neighbors property, driveway or lawn. 

      • Noise is technically another form of trespassing as it negatively impacts your neighbors right to enjoy their property.

15. Homeowners should try not to over promise tenants or buyers on what to expect from the complex. Such overstatements and exaggerations usually create conflict for the condo corporation in the long-run.

PLAYGROUND RULES 

• Playground is a private property and reserved for residents of 540 Essa Rd. 

• Use of the playground is at the risk of all users.  

• Adult presence and supervision is a must at any time for children under 12 years old.

• Never use playground equipment when wet 

• Playground hours from 8am to 8pm 

• Proper footwear required. 👟 (avoid clothing that could pose a hazard). 

• No glass or alcoholic beverages allowed. 

• No smoking or vaping within 25 feet.🚭 

• Improper use of equipment prohibited. 

• Pets have to be leashed and kept at the entry area of the playground.

[ Helpful Video - Playground Rules ]

WHAT IF HOMEOWNERS CAN'T PAY FEES

The Law vs Stakeholders Expectations

The Court has found that the common expenses (i.e. monthly fees or special assessments) are the lifeblood of a condominium. A condominium cannot function without them. Common expenses are used for the maintenance of the property, the retention of contractors, payments for services rendered to a condominium, the reserve fund contributions and to keep the lights on (among other items). 

The Condominium Act, provides that all owners must contribute to the common expenses in the proportion outlined in a condominium’s declaration. An owner cannot opt out of, or be exempt from the obligation to contribute, even if that owner has waived or abandoned a right to use the common elements, or the declaration limits the use certain owners can make of the common elements. 

As all owners must contribute to the common expenses in their declaration percentage, if one owner does not pay, it hurts all other owners, the other owners must pick up the tab, temporarily. This results in unfairness to all other owners. To deal with this unfairness, and in recognition that common expenses are essential for the operation of a condominium, the Act prescribes how non-payment is addressed. When an individual does not contribute, the condominium puts a lien upon the defaulting unit. This lien covers the costs of the arrears plus all interest and expenses incurred in collecting the unpaid amounts. The lien is registered on title to the unit in question and has priority over all other debts, including the mortgage (with very limited exceptions). If a lien is not paid it is enforced in the same manner as a mortgage which, in extreme circumstances, can include power of sale proceedings. This process ensures that condominiums (and therefore all other owners) are made whole.

THE COLLECTION PROTOCOL

The Condo Board has the responsibility to avoid being unable to pay contractors and other management related services. A process has been put in place to address situations where one or a few homeowners are owing fees. The Condo Board and its authorized representatives will jumpstart the enforcement process by sending notice to the homeowner, before registering a lien, and possibly pushing for the forced sale of the property if condo fees are still unpaid. Legal fees and other collection related fees will be added to the amount owed. 

The homeowner has the option to pay the total amount owing at any time during the process. This is the best option available to homeowners to get the collection process resolved. All expenses incurred by all parties will be the responsibility of the homeowner. In a few circumstances, the condo board may consider a payment arrangement if formally requested by the homeowner.

WHAT IS A LIEN ?

A lien is a legal claim on a property that secures payment of a debt. It gives creditors the right to take action against the property if the debtor doesn't pay. Liens are usually removed when the debt is paid in full. If the debtor doesn't pay the debt, the creditor can seize or force a sale of the property.

In Ontario, the process for recovering unpaid condo fees involves: 

1. Sending a debt reminder notice.

2. Sending a notice of lien. 

3. Registering a certificate of lien. 

4. Issuing a notice of sale.

5. Redemption period. 

6. Filing a statement of claim. 

7. Selling the condo or townhouse unit. 

Understanding Smoke and Carbon Monoxide Detectors:  
Smoke detectors detect smoke from fires, while carbon monoxide detectors detect carbon monoxide, a colorless, odorless, and potentially deadly gas. These detectors communicate with a series of beeps and lights to indicate what they are detecting. 

Smoke Detectors: 

• Detect smoke from fires.

• Some consumers believe the battery operated versions have proven to be more effective.

• If your smoke detector sounds, check for signs of fire. If you find signs of fire, leave your home immediately and call the fire department. 

• Test your smoke alarms regularly to identify problems before a fire. 

• It's recommended to replace smoke detectors that are 10 years or older.

• The test button is usually located on the front part of the smoke alarm.

• 3 beeps in a row: Smoke has been detected, evacuate immediately, and call 911 

• 1 beep every minute (Single chirp) (Intermittent beeps): This means that the detector has low batteries and you should replace them.

Carbon Monoxide Detectors: 

• Carbon monoxide detectors detect carbon monoxide, a colorless, odorless, and potentially deadly gas.

• They use sensors to measure the concentration of carbon monoxide in the air. 

• 4 beeps and a pause: This means that there is carbon monoxide in the air and you should seek fresh air immediately and call 9-1-1. 

• 1 beep every minute (Single chirp) (Intermittent beeps): This means that the detector has low batteries and you should replace them

Light Signs: 

• Steady green light: The alarm is powered. 

• Flashing red light: The alarm is working, or it may be time to test the alarm, the batteries are low, or the detector needs to be replaced. 

• A working smoke alarm usually has a solid green light and a red light that flashes every 20–30 seconds. There may be another button that has no light which can be pressed to manually test the smoke alarm. The test button is usually located on the front part of the smoke alarm.

What to do when the alarm beeps: 

• Evacuate immediately

• Call 911 once you're safely outside

• Check that everyone has left the building

• If you think someone is missing, let emergency services know

• Have a home fire escape plan and know how to get out of every room
  

*A combination smoke and carbon monoxide detectors can provide peace of mind and help save lives

• [ VIEW: Sounds From Smoke Alarm and CO2 Detector ]

• [ VIEW: Quick Fixes For Smoke Alarm Chirping ] 

• [ VIEW: Understanding Smoke and Carbon Monoxide Detectors ]

PRODUCT REPLACEMENT AND TROUBLESHOOTING:

Kidde Canada Inc. seems to be the manufacturer of the fire detector, while BRK First Alert is responsible for the carbon monoxide alarms installed by the builder in our units. A call to them may be an opportunity to initiate a product replacement if you can provide the model number and the date on the product. A new product may be shipped to you within 2 weeks.

If interested call the Consumer Product Support:

• FIRE DETECTOR: Kidde Canada: 1-800-880-6788     /     ( VIEW KIDDE CANADA ONLINE )    
  - ( Monday - Friday: 8am - 8pm   /   Saturday: 9am - 3pm )
  
  

• CARBON MONOXIDE DETECTOR: BRK First Alert: 1-800-323-9005    /     ( VIEW BRK FIRST ALERT ONLINE )
  - ( Monday - Friday: 9am - 8pm CT   /   Saturday & Sunday: 9am - 5:30pm CT )
  
  

• (  Troubleshooting Your Fire Detector  )
  
  

THE DANGER OF A FAULTY FIRE ALARM

Fire alarms that aren't working can lead to fatal fires. In Canada, smoke alarms are required to be installed on every level of a residence.

What to do if your smoke alarm isn't working

• Test it: Push the test button once a month to make sure it beeps 

• Replace the batteries: If the alarm is battery-powered, replace the batteries 

• Check the fuse: If the alarm is electrically powered, check the fuse 

• Replace the alarm: If the alarm still doesn't work, replace it.  (Some companies will replace it for free)

• Inspect the wiring: Look for damage, corrosion, or loose connections
  
  - ( Importance Of A Working Smoke Detectors )     
  - ( Lack Of Fire Detector In Homes )     
  - ( Test Your Alarm Campaign )   
  - ( Smoke Detector Effectiveness )

Will The Condo Board Expand The Parking Area
No, because the condo board had inquired with the city of Barrie, who in their response claim we do not have enough space to expand the visitors parking area. We also do not have the space to change the direction and positioning presently approved for parking. The board will continue to review different ideas and suggestions on the visitors parking. Some parking spots are available across the road and at the shopping center but permission should be investigated first.

A GUIDE TO PARKING AT 540 ESSA ROAD

Presently, the shared parking areas are acceptable to be used for not more than five hours daily. We are still reviewing the best approach in making our visitor's parking spots more equitable to everyone in a way that can be easily managed. A costly managed visitors parking will translates into higher condo fees. It is unfair for some units to have more than two vehicles at the visitors parking, while other units hardly get the opportunity to use these shared resource.

Parked inoperable or abandoned vehicles will be towed. Our current rules do not permit overnight parking despite we haven't been enforcing this rule for sometime. As previously disclosed, some changes may be introduced soon, as we continue to review some of the options available. Paid metered parking, few hours limited time parking, renting the spots to homeowners, and a few other ideas are still undergoing review by the board. 

Parking on lawns is unacceptable and vehicles in violation will be ticketed or towed. The homeowner will be responsible for the cost. Homeowners should ensure their tenants do not park to obstruct snow plowing and fire hydrants. Drivers should be mindful of their speed within the complex. Please reduce your speed, as there are a lot of children in our complex.

DO NOT PARK IN THE FOLLOWING AREAS:
- Do not park on or over a sidewalk, curb, or intersection 
- Do not park within 3 meters of a fire hydrant 
- Do not park obstructing traffic
- Do not park to prevent the convenient removal of other vehicle previously parked
- Do not park in front of the main entrance to any emergency exit.
- Do not block access to driveways, the playground, and the garbage area.
- Do not park in a way that will obstruct other vehicles, squeezing them into the parking spot  

RESERVE FUND STUDY

A reserve fund study is a mandated assessment for condominiums and other strata corporations to evaluate the adequacy of their reserve fund for future major repairs and replacements of common elements. Conducted by a qualified professional, the study involves a physical assessment of the building's components and a financial analysis to project costs and develop a funding plan, ensuring the corporation can meet its long-term financial obligations and avoid large special assessments.

(What a Reserve Fund Study Entails)

Physical Inventory and Condition Assessment:

The study starts with a detailed inventory of all common property components (e.g., roofs, windows, mechanical systems) and an analysis of their current condition, remaining life, and estimated replacement costs. 

Financial Analysis:

It includes an analysis of the reserve fund's current balance, historical contributions, and a projection of future costs for repairs and replacements over a 30-year period. 

Funding Plan:

The core outcome is a financial plan that outlines the necessary contributions from owners to ensure sufficient funds are available when major work is needed. 

Who Conducts the Study ?

A reserve fund study must be conducted by a qualified professional, such as an engineer or architect.

(Purpose and Importance)

Legal Requirement:

In Ontario, reserve fund studies are a legal requirement for condominium corporations, as mandated by the Condo Act. 

Long-Term Planning:

The study provides a roadmap for future funding, enabling the corporation to plan and save for inevitable repairs and replacements. 

Avoid Special Assessments:

By properly funding the reserve, corporations can avoid large, unexpected special assessments to unit owners, which can arise when the fund is insufficient.

HELPFUL LINKS

• ( CAO - Reserve Funds Study )
  
  

*The condo management is not responsible for the maintenance or insurance of individual units.

IS 911 THE ONLY OPTION TO MANAGE CRISIS

Every situation ain't the same. The police may be called depending on what the situation involves. 

Some situations could require mediation by fellow neighbors, or a condo board representative, or city of Barrie enforcement.

Homeowners should ensure their guests, contractors, and tenants reach out to them before an escalation occurs.

It's unacceptable for homeowners, contractors or tenants to violate other residents, or to disregard basic rules within the complex.

CONFLICT RESOLUTION

To manage conflicts in a shared estate or condominium, you can try mediation, active listening, and problem solving. You should also try to identify the root cause of the conflict and encourage open communication. These proposed solutions are not exclusive to condo related conflicts.

• Mediation may require a neutral mediator that will help facilitate communication between parties. The mediator can help parties find common ground and create win-win solutions. The mediator can help parties come up with a clear plan and course of action. 

• Active listening involves fully concentrating, understanding, and responding to the speaker or to individual parties. This will also help in understanding the perspectives of all parties involved in the conflict. 

• Problem solving can only be effective after understanding all the perspectives, and applying problem solving techniques to find a mutually beneficial solution. 

• Identify the root cause will help in identifying how to resolve the conflict. Conflicts can arise from a variety of sources, including miscommunication, unclear roles, unrealistic expectations, cultural differences, or personal issues. 

• Open communication, when encouraged, will allow all parties to calm down and see their blind spots. Create an environment where open and honest communication is encouraged and appreciated. You can also provide platforms for people to voice their concerns and ideas.

HOW IS IT POSSIBLE FOR ANY HOMEOWNER TO TRESPASS ?

• The complex has shared areas like the playground, but that's different from individual private property. 

• Each unit is privately owned and only those invited should be on the property.

• If someone enters your property without permission, they are trespassing. 

• Trespassing on your neighbors property, driveway or lawn is unacceptable. 

• Only the common areas are shared spaces and jointly owned. (road, park, walkways).

• Noise is technically another form of trespassing as it negatively impacts your neighbors.

HOW TO ADDRESS A TRESPASSING SITUATION

• Talk to your neighbor: Try to resolve the issue directly with your neighbor or the person who trespassed. 

• Put up a small sign: (Although this may not be a good optics for your property). If your condo management and city enforcers allow signs, you could place a sign at the entrance or on the garage to remind your neighbor that trespassing is not permitted. 

• Call the police: If the trespasser refuses to leave after you've asked them to, you can call the police. 

• Submit a report to your condo management. Try to provide as much evidence as possible. (Time, pictures, videos, etc.)

• Send a letter: Have a lawyer send a letter to the trespasser demanding that they stop trespassing. 

• Set off an alarm: You can install an alarm to deter trespassers. 

• Place a barrier: (This may not be good for the optics of your property). A barrier may also not be allowed by the condo management or city bylaws. You can consider erecting a small barrier to prevent trespassers from entering your property.

• You may want the trespasser to pay for damages to your lawn after giving them multiple warnings.

Can police be called for trespassing in Ontario

• Verbal notice can be given when someone enters your property. 

• You can ask the person to leave and you must give him or her reasonable time to leave. 

• If the person does not leave, you can call the police.      

*To report these types of situations, call your local police. You should only call 911 if you feel that your safety is at risk, but for trespassing complaints, it's generally better to contact your local non-emergency police number at  (705) 725-7025

*You may also want to call the City of Barrie By-law Enforcement Services  (705) 739-4241

Can someone be charged for trespassing in Ontario 

• A trespasser can get a ticket that has to be dealt with in Provincial Offences Court. 

• A trespasser can be charged with a criminal offence that has to be dealt with in criminal court.

• A trespasser can be sued in civil court, like Small Claims Court.

The City Bylaws on trespassing 

The City of Barrie, Ontario has laws that prohibit trespassing on private property and public property. These laws include the Trespass to Property Act and the Nuisance By-law. 

• Trespass to Property Act Makes it illegal to enter or remain on property without the owner's permission If someone refuses to leave after being told to, they can be charged under the Trespass to Property Act.

• Nuisance By-law Regulates the use of city property, including camping in public parks without authorization Includes a list of regulations and common infractions.

   ( Provincial Laws on Trespassing )

LET'S TALK MONEY:

Condo fees are also known as common expense fees, maintenance fees, or co-ownership fees. They are mandatory monthly payments made by condo owners to maintain the common areas of their building. Condo fees are calculated by adding up the total projected expenses for the community (like amenities, services, and maintenance) and then divided among the residents.

Condo fees are due monthly or as agreed by the condo management. Each unit has the option to pay for the whole year, or to pay for a few months in advance. Those who are in arrears (owing) will be putting other homeowners and the management in an unfair situation. This is why all homeowners should pay on time to avoid payment enforcement and related fines. 

No excuse is acceptable for not paying condo fees on time. When condo fees are paid without providing the unit number or homeowners name, such payment may be viewed as an anonymous donation. Tracking payments consumes a lot of administrative resources, and why management companies usually prefer imposing an automated direct payment system. 

Maintenance fees often increase due to inflation, mismanagement, or if residents make the complex difficult to manage. POTL condo fees are usually much cheaper than High-rise style condo fees. Consumers are more attracted to POTL with less than $150 in monthly fees, while those with over $150 may negatively affect the selling price. 

It's unethical not to disclose maintenance fees to potential buyers. Such fees do not have to be disclosed to tenants as it could be factored into their rent. Condo fees should be included in the total monthly cost of owning a condo. Finance professionals usually include condo fees in their calculation or mortgage qualifications. Condo corporations use special assessments to cover shortfalls in their yearly budgets.

CAN I NEGOTIATE MY CONDO FEES ?

YOU CAN ALWAYS GIVE MORE BY DONATING YOUR TIME OR MONEY TO MANAGEMENT

The Condominium Act, provides that all owners must contribute to the common expenses in the proportion outlined in a condominium’s declaration. An owner cannot opt out of, or be exempt from the obligation to contribute, even if that owner has waived or abandoned a right to use the common elements, or the declaration limits the use certain owners can make of the common elements. 

Condo fees are non-negotiable. Diverse voices within the board act on behalf of homeowners to ensure the budgets and finances are responsibly managed. Condo fees are contractual agreement between the homeowner and condo management board. They cover operating costs, a reserve fund, and maintenance. The reserve fund can only be used for major repairs and replacement of the common elements and assets. The reserve fund ensures that the property is structurally sound, and that the condo corporation is financially secure.

Monthly Condo Fees:

• Presently $45.19

• An updated amount will be effective from November 1st, 2025
  
  

Special Assessment:

• $650 is due in whole, or in installments of $250 by Jan 1st, $200 by Feb 1st, and $200 by March 1st, 2025

Safety Should Always Come First

• Homeowners and residents should be mindful of the possibility of wind blowing icicles or chunks of ice falling from the rooftop. 

• Common causes of serious fires include cooking, electrical problems, and candles. 

• Portable heaters, malfunctioning furnaces, and sealed homes contribute to an increase in carbon monoxide illnesses during the coldest months of the year.  

• Two out of three residential fatalities from fires happened in homes that did not have working smoke alarms or any alarms at all.

• Have your furnace checked and maintained before it gets cold outside. 

• Limit or pay attention to the use of portable heaters inside your unit. 

• In an emergency, every second matters. Blocked, concealed, or difficult-to-access fire hydrants can impede emergency fire response.  

• Avoid using outdated electronics due to potential outdated safety standards.

• Get informed on how to use heating systems and other electronics.

• Encourage the use of battery-powered holiday decorations and discourage candles and electric lights. 

• Install and check smoke and carbon monoxide detectors. 

• Cooking actually causes the most reported and unreported fires. 

• Lower your vehicle speed within the complex. 

• Check your blind spots before backing out of a parking spot.

• Do not leave your home with portable heaters on. 

• Do not use your stove or iron as a heating system. 

• Thinking of having a backyard fire? The City offers two types of permits for outdoor burning.   

  • • [ Outdoor Burning Permits ]

• Take advantage of the barbecue safety tips listed here and ensure you and your family practice safe barbequing!   

  • • [ BBQ and Propane Safety ]

PEST CONTROL TIPS

IMPORTANT HABITS TO PROTECT YOUR UNIT FROM PESTS

• CLEAN, CLEAN AND CLEAN AGAIN:

  • Clean up your food. 

  • Clean up dirty dishes. 

  • Take out trash regularly. 

  • Clean your kitchen and washrooms thoroughly.
    
    

• SEAL ALL CRACKS:

  • Use caulk to seal small cracks and gaps.

  • Use expandable spray foam for larger holes. 

  • Seal any gaps around doors and windows.
    
    

• USE BAIT TRAPS AND OTHER DIY IDEAS: 

  • Use bait traps that contain a food attractant and a slow-acting insecticide. 

  • Use sticky traps to catch cockroaches. 

  • Here are links to DIY ideas that can be used indoors every few months or annually.
    
    

• • • • [ Natural DIY Pest Spray ]   

      • [ DIY Pest Control Ideas ] 
        
        
        

• PEST PROFESSIONALS:

  • • Call a professional exterminator who has access to industry-approved chemicals that are safe for children and pets.
      
      

OTHER RELEVANT THINGS TO KNOW:

• Each unit is responsible for the health and safety of their household, and why homeowners should have a yearly pest control plan.

• Encourage pest control rules in your household and with your tenants to create a safe space, and to avoid being liable for damages.

• The condo management may mobilize a culture of pest control within the complex. This does not automatically mean the condo management and condo fees are intended for pest control.

• Ensure you only use child and pet friendly pest control methods for your outdoor and indoors pest control measures.

• Finding one cockroach or rat does not indicate an infestation, but it can be a warning sign that there may be more nearby.

• The chances of getting your unit infested by pests are much higher if you do not screen your tenants and have healthy living culture in your household.

THE PROACTIVE / OFFENSIVE APPROACH:

An affective fix is to make little bait traps with Boric acid that can be ordered from Amazon or Walmart. Optional to mix with Flour, Sugar, and Water that could be rolled into little balls, or just draw little lines of it around every wall without making them into balls. Have them under every counter, under sinks, kitchen cabinets, drawers, bathrooms, around water-lines & sewer, etc. Make it so a roach has to crawl over a little hill of boric acid to go ANYWHERE. 

The roach would eat it, take it back to the colony for the rest to eat, and effectively kill the entire colony in the process.  Boric acid is very effective, cheap, and non toxic (for humans). In a week you will have to change the bag on your vacuum cleaner from vacuuming up dead roaches. 

To really do it right, you have to convince your neighbors to do the same thing. You could offer to pay for the boric acid (less than $50) or volunteer to help them do it. It works and a lot cheaper than lawyers, or relocating.

HERE ARE SOME OTHER PRODUCTS TO CONSIDER:

• [ Walmart Options ]     [ Canadian Tire Options ] 

• [ Amazon Option #1 ]     [ Amazon Option #2 ]      

• [ Home Depot Options ]     [ RONA Options ]   

We have some volunteer positions available. Some roles are also available for non residents.

A link is available on this platform to view these positions and apply.

Priority will be given to residents and homeowners.

Generous donations are also welcome.

[ AVAILABLE  POSITIONS ]

[ DONATION IDEAS ]

BE NICE - BE GOOD - BE FRIENDLY - BE VIGILANT - BE RESPONSIBLE

A condominium’s board, elected by the owners, has an obligation to ensure the provisions of the Act and a condominium’s governing documents are enforced. 

Owners have both the duty to comply with these documents and the right to require condominiums to enforce them. 

• First, for violations of the Act itself, a condominium or an owner can bring their dispute to the Ontario Superior Court of Justice. 

• Second, for specific disputes, an owner or condominium can bring their matter before the Condominium Authority Tribunal. 

• For all other disputes, the Act requires that the parties engage in mediation. Mediation is a process whereby a neutral third party assists the parties in reaching a resolution, without forcing a decision. If mediation is not successful, then arbitration is required. Arbitration is a process whereby an appointed arbitrator hears the evidence and makes a final determination. 

As disputes in a condominium setting can often cover multiple interrelated issues, it is important to seek legal advice on your specific circumstances to ensure you are headed in the right direction.

Can The Board Make Decisions Without Consulting The Owners

YES or NO ?

YES: Generally, boards elected by the owners, are tasked with the governance of the condominium corporation, including setting their budgets, entering and negotiating contracts, and managing the property. Provided boards are acting within the authority granted by the Condominium Act, 1998, and comply with their governing documents, boards are given wide discretion to make the decisions they feel are in the best interests of the Condominium, without consulting the owners directly. Boards, like all democratically elected bodies, are accountable for their decisions at election time.

NO: There are situations where boards cannot make decisions without consulting with the owners or conducting a vote of the owners. For example, a condominium cannot borrow money from a bank or lender without an owners’ meeting and the positive vote of a majority of all units. Another example is that a condominium cannot make changes to the services provided to the owners, or changes to the assets of the condominium unless following guidelines in the Act and involving homeowners.

THE BLUEPRINT OF CONDO MANAGEMENT

A status certificate is a document that provides information about a condominium corporation and a specific unit within it. It's required by the Ontario Condominium Act.

Homeowners will need to order a status certificate from the condo board if their unit is sold. The sale is not be complete without a status certificate. We encourage homeowners to link the new owner to the homeowners group, and other related information portals. We also recommend homeowners to provide a complex-wide orientation to the new owners or new tenants.

Importance of status certificate:

• A status certificate helps potential buyers make informed decisions about purchasing a condominium unit. 

• It provides information about the condominium's financial health, assets, liabilities, and plans.
  
  

Who's responsible for the status certificate: 

• The condominium corporation is responsible for the status certificate, but management companies often prepare it.

• The sellers (Homeowners) are often responsible for ordering the status certificate.
  
  

What's included in a status certificate:

• Financial information, including the unit's financial status, the condo corporation's budget, and the reserve fund. 

• Governance information, including the names and addresses of the corporation's directors and officers. 

• Legal information, including the condo declaration, by-laws, rules, and management contract. 

• Insurance information, including the amount of insurance on the development. 

• Information about the unit, including whether it's in arrears on condo fees. 

• Information about any special assessments, liens, or lawsuits involving the corporation.

KNOW YOUR RIGHTS AND STAY SAFE:

The first thing to do when the police arrive, is to ask them to identify themselves. If they are plainclothes officers, ask to see their badges. Then ask to see the warrant (whether an arrest warrant or a search warrant). The arrest warrant should name the individual the police are seeking to arrest and may also provide the address of the unit. If the address is noted on the warrant, make sure the address is correct.

Boards of directors and property managers have the responsibility to ensure that they do not obstruct the police officers from carrying out their duties under the Criminal Code and, at the same time, ensuring that the condominium corporation’s assets and common elements are maintained under the Condominium Act. Putting aside the moral and ethical considerations, the board should ensure their residents privacy are protected at all times.

In certain instances the police may obtain an assistance order which would require the corporation to assist the police with a police investigation such as providing access to certain common areas for surveillance by the police, or to provide access for the police to install cameras.  The safest policy for management and the board of directors to adopt is to provide access to the common elements but leave access to the units to the police.

Police arrive unannounced with a warrant: 

• Ask for identification. 

• Contact police if valid id not provided. 

• Ask to see warrant. (It could be a warrant to search)

• Verify that the name and address are correct. 

• Grant access if information is correct. 

Police arrive unannounced without a warrant: 

• Do not interfere. 

• This could be an emergency situation and access should granted, and questions answered to help in such situations. 

• If not an emergency situation, you may want to remain silent or seek legal counsel. 

Police contacted by management: 

• The reason could be to report a threat, fight or illegal activity. 

• Its a good idea to contact legal counsel to help avoid potential lawsuits if unsupported allegations are made.

Trespassing by unwanted person - Barrie Today

Series of break-ins at Barrie condo - CTV Barrie

HOW TO PREPARE AND STAY SAFE DURING POWER OUTAGE:

An emergency preparedness kit is essential during a power outage. Stocking up on essentials is the beginning of your survival phase. You will need food, water, medications and a first-aid kit, and have backup lighting and communication devices ready. You should keep refrigerators and freezers closed, use flashlights instead of candles, and stay informed through a battery-powered radio.

Basic Survival Tips: 

• Stock non-perishable foods and enough bottled water for several days. 

• Use a flashlight for emergency lighting instead of candles. (Get extra batteries, and consider solar-powered lights). 

• Turn off electrical appliances you were using when the power went out.  

• Avoid opening the refrigerator and freezer so they will stay cold.  

• Listen to your battery-powered radio for updated information.  

• Assist family or neighbors who may become ill from extreme heat or cold. 

• If you need to cook, use a grill or camp stove outdoors, or use your fireplace. 

• Canned food can be heated up and eaten right out of the can (be sure to open the can and remove the label before you heat it).  

• Never run a generator, grill or kerosene heater inside a home or garage as these can cause house fires or release poisonous fumes. 

• A multi-purpose lighter can be useful to help get your gas cooking working. 

• If cold, ensure you have extra blankets and layers of clothing on hand. If you have a fireplace, ensure it's safe and functional for heating.

• If it's hot, consider going to a movie theater, shopping mall, or a "cooling shelter" that may be open in your community. 

• Stay hydrated by drinking plenty of water, even if you don't feel thirsty.  

• Disconnect appliances and electronics to prevent damage from power surges when the power returns.  

• Ensure your phones and other devices are fully charged before the outage.   

• Fill your car with gas/petrol and have your car keys safe place.

• After the Outage, turn appliances back on gradually to avoid overloading the electrical system. Inspect appliances and electronics for any damage caused by power surges. If you have any issues with your power, contact your utility company. 

Alectra -  Outage Safety

City of Barrie -  News and Updates 

Portable Power Stations -  Amazon Option  -  Walmart Option  -  BestBuy Option  -  Home Depot Option  -  CanadianTire Option 

CAN A CONDO BOARD EVICT A TENANT

NO, the Condominium Authority of Ontario supports the understanding that the Condo Board does not have the power to evict a tenant or owner. This can only be done through the Landlord Tenants Board, which most times the process has to be initiated by the landlord.

YES, the Condo Board can take legal actions to ensure compliance with the condominium governing documents and bylaws. This legal action can eventually lead to evicting the tenant. This should be done with the corporation of the landlord, but in some cases the board may have to work alone and fine the landlord for damages caused to the condominium by the tenant. The homeowner is primarily responsible for any violation of rules, or damage to common elements by the tenant. Such violations can be noise, speeding, littering, dumping and several others.

( Tenant Eviction By Board )    ( Eviction By Condo Board )

WHO IS RESPONSIBLE FOR MANAGING DISRUPTIONS BY TENANTS

When the tenants need or conduct affect others, the landlord must balance and manage the real concerns of all parties. Even if a tenant’s behavior is disruptive (for example, noise related to children protected under family status), a landlord is expected to take steps to see if the situation can be resolved.

( City By-Laws )

THIS IS RECOMMENDED FOR YOUR TENANTS AND ALL MEMBERS OF YOUR HOUSEHOLD

1. • All Tenants Should Review This 3 Mutes Test. - [ Learn Some Basic Rules At 540 Essa ] 

QUALITIES OF A GOOD TENANT

• Paying Rent On Time 

• Financial Responsibility And Stability

• Keeping the Rental Clean 

• Compliance With Lease Terms 

• Having Renters Insurance 

• Being a Respectful To Neighbor 

• Keeping Up With Maintenance 

• Effective Communication 

• Renewing Your Lease / Providing Adequate Notice 

• Good Knowledge of Tenant Rights

RECOMMENDED RENTAL DOCUMENTS

• Rental application

• Credit score and history

• Employment Letter

• Income / Funds to afford rent

• Gov't Issued Photo ID

• If in doubt, hire a realtor or a lawyer

POOR SCREENING OF TENANTS CAN BE COSTLY

HERE ARE SOME IDEAS AND PROTOCOLS OF WHAT SOME LANDLORDS REVIEW BEFORE RENTING THEIR PROPERTY:

• Rental history

• Income verification

• Employment status and history

• Landlord references and credit references

• Credit check

• Number of occupants

• Immigration Status

• Net Income Vs Gross Income Vs Debt Load

• Income to rent ratio

• Consent for credit and background checks

• Criminal background

• Expectations of what's included in rent

• Emergency contact information

• Flooring Preference

• Gender

• Drug Vs Alcohol addiction

• Interview tenants before signing a lease

• Marital status

• Mental disability or other forms of disability

• Pets

• Positive Vs Negative habits

• Place of origin

• Personal references

• Religion

• Smoking

• Hygiene 

• It's illegal to keep most wild animals as pets, and some exotic animals are also prohibited

( Bad Tenants )    ( Professional Non Paying Tenants )

TENANTS HAVE THE RIGHT TO EQUAL TREATMENT 

Tenants should not be refused rental or harassed based on the following:

• Their race, colour or ethnic background 

• Religious beliefs or practices ancestry, including people of Aboriginal descent 

• Place of origin citizenship, including refugee status 

• Sex (including pregnancy and gender identity) 

• Family status 

• Marital status, including people with a same-sex partner 

• Disability 

• Sexual orientation 

• Age, including people who are 16 or 17 years old and no longer living with their parents 

• Receipt of public assistance

 (  Human Rights For Tenants  )  

THE SPECIAL LEVY CALLED SPECIAL ASSESSMENT

A Special Assessment is an extra one-time or occasional charge that's added to the homeowners’ common expenses fees, with the objective of covering unexpected expenses. A good example is in early 2025, homeowners at 540 Essa Road are expected to pay $650 in whole or in installments. The installment options require payments of $250 by Jan 1st, $200 by Feb 1st, and another $200 due by March 1st. 

Special Assessments can also be viewed as a specific tax levied on private properties to meet the cost of a shared public improvements that provide a special benefit that will also enhance the value of the properties. 

Condo corporations will tell owners how much they must pay. An owner's portion is calculated using the same percentage used to calculate common expenses fees. Owners must pay their portion of any special assessments. Not paying will lead to the corporation having a lien against the individual owner's unit. Non-payment may also delay the work that needs to be done by the management.

Monthly Condo Fees:

• Presently $49.19

• An updated amount will be effective from April 1st, 2025
  
  

Special Assessment:

• $650 is due in whole, or in installments of $250 by Jan 1st, $200 by Feb 1st, and $200 by March 1st, 2025

Most Condos and Townhouse complexes often restrict or put a ban on pets. At 540 Essa Road, we require that most pets should be kept on a leash when outside of your unit. This is to ensure the safety of both the pet and others in the complex. 

Also, be mindful that retractable leashes should not be too long within the common elements. It is crucial to pick up after your pet and dispose of waste in the designated areas or based on your best judgment. 

The condo management may fine pet owners who do not pick up their pet's waste or allow a dog to damage a common element. We hope not to get multiple complaints of pet noise from neighbors within the complex.

Exotic animals that are illegal to keep as pets in Canada include tigers, lions, monkeys, and other dangerous animals. 

• ( Animal Control Bylaws )

• ( Animal Control Laws )

• ( Exotic Pet Laws )

ARE THERE ANY CONCERN IF POLICE VISIT OFTEN ?

Yes, if there is a lot of criminal activity in a complex or condo which requires the police to be there often, it will have a negative impact that both might make responsible tenants move out, and affect the resale price of the units. 

This could be a sign that criminal activities are happening often, or too many false reports are being made. Criminals do not like neighbors and property managers who are cooperative with the police.  

Another concern is the possibility that the homeowner is not selective when choosing their tenants. Landlords should invest an adequate amount of time and effort to find appropriate tenants. 

BE NICE - BE RESPECTFUL - BE RESPONSIBLE

It is helpful that property managers and board members have this tool in their toolbox against unit owners and occupants who intimidate, threaten, harass, and disrespect other members of the condominium. 

Some examples of what could amount to “Dangerous Activities”

• Physical aggression 

• Intimidation 

• Disrespect of others 

• Threats 

• Persistent emails and phone calls 

• Disparaging remarks 

• Posting threatening flyers 

• Uttering obscenities and racial slurs

SAFETY SHOULD ALWAYS COME FIRST:

• Install Blinds & Curtains Which Provides Some Privacy. 

• Get to Know Your Condo Management

• Set Up Security Systems. 

• Store Valuables In A Safe Place. 

• Get To Know Your Neighbors 

• Do Not Allow Trespassers To The Complex or Condo

• Take Pictures or Video of Valuables. 

• Periodically Change The Location Of Valuables. 

• Do Not Leave Valuables Visible To View In A Vehicle. 

• Report All Crimes To The Police.

• Potential Concerns For Frequent Police Visits

RESPONSIBILITIES OF THE CONDO BOARD

1. Managing the property and the assets of the corporation on behalf of the owners.

2. Controlling, managing and administering the common elements and assets of the corporation. 

3. Taking all reasonable steps to ensure that the owners, the lessees, and the agents and employees of the corporation comply with the Act and the condominium’s declaration, by-laws, and rules.

Owners, boards and condominium managers need to work together to ensure that the corporation functions and is responsive to owners’ needs. If an issue is noted by an owner, it is important to bring it to the attention of management either through a friendly call or email. Such can ensure issues are not missed.

SELF MANAGEMENT

Self-managed condominiums are corporations that have chosen not to hire a licensed condominium management provider business or manager to provide management services. Instead, the corporation's board of directors performs the work associated with the day-to-day operations. The exemption only applies if the board member or officer is not being compensated for providing condominium management services. If they are compensated for providing condominium management services, the CMSA requires that they have a license.

VIEW MORE INFORMATION:

• ( CAO - Boards To Dos )

• ( Roles @ Condo Boards )

• ( ABC of Board Roles )

• ( Self Management )

• ( Management Solutions )

HOW TO MANAGE TOXIC INTERACTIONS:

Homeowners can be proactive by taking steps to create a better living environment. We encourage homeowners to vet their tenants properly while providing them with basic orientation of the complex. Setting expectations for tenants and members of your household are important steps to consider in building boundaries:

If your neighbors are violating basic rules, you can try these steps: 

1. Talk to your neighbor. Have a polite conversation with your neighbor to let them know the noise or unwanted action or violation is bothering you. 

2. Contact your landlord If you and your neighbor have the same landlord. Landlords have a legal duty to protect tenants from unreasonable disturbances. Your landlord may also know other landlords.

3. File a noise or violation complaint. Check your local bylaws to see what constitutes a violation. 

4. Contact your condo board If you can't identify the source of the disturbance or series of violations.

5. If the disturbance is a violation, your property manager or condo board can send a formal warning. 

6. Consider mediation If you can't resolve the issue directly with your neighbor. Mediation involves meeting with a neutral third party to help you reach an agreement. 

7. Contact your local municipality If your neighbor is breaking a local bylaw. You can file a complaint with your local municipality. 

8. Consult a lawyer If the neighbor continues to create problems and doesn't comply with violation notices.

9. Don't be tempted to make false accusations against neighbors, guests and contractors. This may lead to toxic and potential criminal outcomes.

10. Document any violations to help give credibility to your complaint.

DONATION OPPORTUNITIES

The 540 Essa Condo Board is a self-managed and voluntarily operated board without any property manager at the moment. The condo management relies on condo dues to manage the responsibilities of the complex. Homeowners are free to be generous by making donations in the same way they pay their monthly dues. Donations can also be made through volunteering your skills, services, or by providing items that will be useful to the management team. 

WHY IT'S A GOOD IDEA TO DONATE

• If you believe the management team are doing are great job.

• If you believe your donation will be helpful to the management's work.

• If you believe your donation will strengthen the community.

• If you believe your donation will make you feel good and happier.

• If you believe that seeking donations and volunteering puts less pressure in raising condo fees.

THE FOUR TYPES OF DONATIONS 

• Financial Donation.

• Your Time, Skills and Services Can Be Donated.

• Tools and Other Useful Items From The Maintenance List Below Can Be Donated.

• You Can Also Connect The Board With Useful Resources Or Influential Entities That Will Be Helpful To Our Work And Community.

THESE DONATIONS SHOULD ENHANCE THE CONDO'S MAINTENANCE WORK

Suggested Items To Donate:

1. Snow Salt / Ice Melter (2, 5, 10, or 20 Bags)

2. Gasoline Powered Lawn Mower.

3. Cleaning Gloves, Winter Gloves. 

4. Caution Signs, Safety Signs, and Reflective Traffic Signs.

5. Handyman Tools. (Hammer, Screwdriver, Saw, Pliers)

6. Gardening Tools. (Rake, Shovel, Shears, Pruners)

7. Cleaning Detergents For Our Garbage Area and Bins.

8. Small Ladder And Heavy Duty Ladder.

9. Self-Propelled Gas-Powered Snow Blower.

10. Snow shovel, Sleigh shovel.

11. Playground Equipment (Swing, Slide, etc.)

12. 50ft, 100ft, and 200ft Yard Sprinklers and Water Hose.

13. Telescoping Snow Removal Roof Rake.

14.  Ice Chopper, Snow Scraper.
    
    

*THESE DONATIONS ARE VOLUNTARY
*ALL DONATIONS BELONG TO THE MANAGEMENT BOARD
*Please consider investing some resources towards management as a token of gratitude, and/or volunteer your time/services.

• ( View Donation Ideas )

YES or NO ?

Yes: We recommend those interested or presently active in running an Airbnb to apply for relevant permits as required by regulatory local and provincial bodies. We also recommend the Airbnb host to properly screen those that are allowed into the complex, as we are a family oriented complex who will continue to put health and safety first.

• The Condo Board presently has no intentions to get involved as long as guests are not creating issues for residents. 

• Multiple complaints may require the board to review existing laws and enact new decisions on behalf of residents. 

• The board may seek legal direction from their legal team before making any decisions in the future.  

No: If the use for Airbnb will create unreasonable burden to other residents, common elements and other shared resources.

Some Example: 

• Airbnb guests should not create noise that will affect neighbors.

• Airbnb guests should not create problems for our garbage collections, or dump in unauthorized areas. 

• Airbnb guests should not bring criminal activities to the community.

• Airbnb guests should not block fire hydrant or park on walkways. 

• Airbnb guests should not be competing or be a burden on visitors parking. (Guests should be provided with parking within the unit belonging to their host)

A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. The same way commercial developments often use declarations to prohibit certain types of businesses, or to allow for only one of a specific type of business. 

Legal Precedent: Court rulings have established that condo corporations can ban short-term rentals.

• Airbnb Court Ruling -  Financial Post

• Short Term Rentals -  CAO Portal

• City of Barrie New Policy -  Barrie Today

I SHOULD HAVE THE PRIVACY TO MAKE NOISE IN MY HOUSE?

• You can play music, talk and choose to be loud in your house, as long as the sound does not intrude into other peoples homes. They also have a right to have a quiet space.

• Reducing the noise in your neighbourhood is a team effort. You can start by familiarizing yourself with the noise bylaws for your city. 

WHO CAN TAKE ACTION TO STOP NOISE WITHIN THE COMPLEX

1. A neighbor can sue or call the cops.

2. The City of Barrie can intervene, or fine the violator.

3. The condo board can also send a warning, or fine the violator.

CAN HOMEOWNER BE SUED FOR NOISE ?

Yes: A neighbor can sue for noise complaints. The condo board can also fine the violator. The basis for the lawsuit is that the noise is interfering with their use of their own property. This is a legal claim based on ``nuisance''. Whether this can succeed would depend on the degree of the noise, as well as the character of the neighborhood.

Activities of daily living is not considered excessive noise. A party may not be considered an activity of daily living, but most people will consider a toddler with temper tantrums as normal despite it can be inconvenient and annoying. Drilling or some sort of construction work or loud music at night, or a dog barking constantly would be unacceptable and troubling to neighbors.

What is the noise bylaw in Barrie Ontario ? 

General Prohibition:  Where the noise can be clearly heard at the point of reception, nobody shall emit or cause noise likely to disturb another person in a residential area between 9pm one day and 7am the following day.   

• ( Noise Bylaw #1 )

• ( Noise Bylaw #2 )
  
  

What is considered excessive noise in Ontario

Noises are considered to be at an acceptable level if they are between 40 and 60 decibels, or match the ambient background noise, whichever is higher. Any sound above acceptable levels is generally considered noise pollution. 

Continuous amplified sound, or sound made by any electronic device or loudspeaker, is not permitted at a sound level exceeding 50 dB. Also, these sounds are not permitted at normal levels from 11 p.m. to 7 a.m. or 55 dB from 7 a.m. to 11 p.m.

What to do when neighbors play loud music at night

Ideally, you should contact your local municipality if your neighbor's noise continues. If there's a local bylaw dealing with noise that's being broken, you can file a complaint. In some municipality, Bylaw enforcement officers do not respond to demonstrations, noisy parties or noise from people acting disorderly, such as yelling, screaming and fighting. To report these types of noise, call your local police.

*You should only call 911 if you feel that your safety is at risk, but for noise complaints, it's generally better to contact your local non-emergency police number at 705-725-7025.

NOISE vs NUISANCE  

Private nuisance, also known as the tort of private nuisance, involves an unreasonable and substantial interference with an individual’s use and enjoyment of their private property. This interference can manifest in various ways, including:

• Excessive noise from a neighboring property, such as loud music, construction activities, or barking dogs.     

• Foul odors emanating from nearby businesses or agricultural operations.     

• Vibrations caused by heavy machinery or construction.     

• Encroachment of roots or branches from a neighbor’s property.     

• Water damage caused by a neighbor’s negligence.  

*In a private nuisance case, the plaintiff, the property owner experiencing the interference, must demonstrate that the defendant’s conduct has resulted in a substantial and unreasonable interference with their enjoyment of their property.

What is the Tort of Nuisance ? 

In legal terms, a “tort” is a civil wrong that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the wrongful act. A nuisance is a specific type of tort that involves an unreasonable interference with the use and enjoyment of one’s property. This interference can be caused by various factors, such as noise, odors, vibrations, or even the physical encroachment of structures onto another’s land. 

Nuisance law is distinct from other areas of tort law, such as negligence or trespass. While negligence focuses on careless actions that cause harm, nuisance centers on the consequences of the action, regardless of the intent or care exercised by the person causing the disturbance. Trespass, on the other hand, involves the direct and intentional intrusion onto another’s property.

• ( Tort Of Nuisance In Ontario )

Yes, because those unpaid funds would have helped the condo make early payments to service providers.
Late payments will attract interest charges and negatively impact relationships with contractors.

No, because sometimes the funds previously collected may not be enough to cover the management expenses. 

Regardless, those who pay late will be held responsible.

Tips To Winterize Your Home

1. Clean And Repair Gutters: 

   • This will help to direct rain water and melting snow away from your property. 

   • Trim trees and shrubs, and inspect your roof for any damage or loose shingles.

2. Clean And Clear Your Backyard / Balcony:

   • This will help protect your outdoor furniture, garden tools, grill and propane tank.

3. Maintain Your Lawn:  

   • Focus on mowing your grass, apply fertilizer, remove dirt and leaves.

4. Clean Fireplace And Heating System: 

   • Change your furnace filter and do some basic furnace tune-up. 

   • Clean and check ductwork for air leaks. 

   • Ensure the thermostat is programmed correctly. 

5. Plumbing System Maintenance: 

   • Turn off exterior faucets. 

   • Inspect for your drain lines. 

   • Insulating exposed pipes.

   • Disconnect your sprinkler systems to prevent freezing.

6. Seal Windows And Doors: 

   • Deteriorated window frames can let in air that can reduce your property's energy efficiency. 

   • A little caulk or replacement can lower your energy bill.

7. Purchase Sand, Snow Salts and De-Icer in Advance: 

   • This will help with slips, injuries, and falls.

8. Perform a Roof Inspection and Repair Loose Shingles. 

   • Plug your roof heating system at the start of the winter season.

9. Check Your Home's Safety: 

   • Ensure your smoke and carbon monoxide detectors are working properly. 

   • Make sure to replace old batteries as needed.  

   • Install security system, change locks or upgrade your doors.

Summerize Your Home
This involves preparing your property for warmer weather by cleaning, checking systems, and making changes to your decor. 

Tips To Get Your Home Ready

1. Adjust your thermostat

2. Clean out the fridge

3. Gutter cleaning

4. Service your air conditioner

5. Clean your windows

6. Change hvac filters

7. Check your thermostat

8. Prepare outdoor spaces

9. Roof inspection

10. Prepare your lawn

11. Check window sealant

12. Pest control if needed

13. Clean the BBQ

14. Clear your yard

15. Dispose of any rubbish 

16. Outdoor and indoor decluttering

YOU ARE NOT JUST BUYING OR RENTING BUT ALSO ENTERYING INTO A COMMUNITY:

Buying or renting any property with common elements (shared areas), is the same as having shared responsibilities. These responsibilities may translate into dues, rules, and other guidelines for the good of all residents. Homeowners should try not to over promise tenants or buyers on what to expect from the complex. Such overstatements and exaggerations usually create conflict for the condo corporation in the long-run.

Potential questions to ask before buying a property with common elements:
( Most of these points only applies to buyers )

1. Is the condominium management in debt ? 

2. Does the condo board have a reserve fund and how much ? 

3. Does the condo have any upcoming major repairs ? 

4. Are water, electricity or heating included in the maintenance fees ? 

5. Can I see the status certificate ? 

6. What is your policy on pets ? 

7. What amenities are available ? 

8. Can you tell me about the board of directors ?

9. What percentage of the units is owner-occupied ? 

10. What percentage of the units are tenant-occupied ? 

11. Are the maintenance of common areas covered by condo fees ? (garbage pickup, snow removal, etc.) 

12. Have there been any special assessments on the building, or is one coming soon ?  

13. What special assessments have been mandated in the past three years? How much was each owner responsible for ? 

14. How much turnover occurs in the building ? ( Unhappy and fleeing Vs Happy and staying )

15. Is the condo building in litigation ? 

16. How often do police and other emergency services get called to the complex ?

17. What is the crime rate in the area ?

18. How are the neighbors ? 

19. Is this a family-friendly community ?

20. Can I opt out of the condominium at anytime ?

*These are some questions you should be asking before joining as a tenant or home-buyer.

THIS IS RECOMMENDED FOR YOUR TENANTS AND MEMBERS OF YOUR HOUSEHOLD

1. • All Tenants Should Review This 3 Minutes Test. - [ Learn Some Basic Rules At 540 Essa ] 

QUALITIES OF A GOOD TENANT

• Paying Rent On Time 

• Financial Responsibility And Stability

• Keeping the Rental Clean 

• Compliance With Lease Terms 

• Having Renters Insurance 

• Being a Respectful Neighbor 

• Keeping Up With Maintenance 

• Effective Communication 

• Renewing Your Lease / Providing Adequate Notice 

• Good Knowledge of Tenant Rights

RECOMMENDED RENTAL DOCUMENTS

• Rental application

• Credit score and history

• Employment Letter

• Income / Funds to afford rent

• Gov't Issued Photo ID

• If in doubt, hire a realtor or a lawyer

POOR SCREENING OF TENANTS CAN BE COSTLY

HERE ARE SOME IDEAS AND PROTOCOLS OF WHAT SOME LANDLORDS REVIEW BEFORE RENTING THEIR PROPERTY:

Note: While several information can be reviewed to better understand the tenant, such information should not be used to discriminate against prospects. Discrimination in renting means being treated unfairly by a landlord or housing provider based on protected characteristics such as race, disability, family status, or religion, which is illegal under Ontario's Human Rights Code. Landlords cannot refuse to rent, harass, or otherwise unfairly treat applicants or tenants because of grounds like sex, age, sexual orientation, or receipt of public assistance.

• Rental history

• Income verification

• Employment status and history

• Landlord references and credit references

• Credit check

• Number of occupants

• Immigration Status

• Net Income Vs Gross Income Vs Debt Load

• Income to rent ratio

• Consent for credit and background checks

• Criminal background

• Expectations of what's included in rent

• Emergency contact information

• Flooring Preference

• Gender

• Drug Vs Alcohol addiction

• Interview tenants before signing a lease

• Marital status

• Mental disability or other forms of disability

• Pets

• Positive vs Negative Habits

• Place of origin

• Personal references

• Religion

• Smoking

• Hygiene 

• It's illegal to keep most wild animals as pets, and some exotic animals are also prohibited

( Bad Tenants )    ( Professional Non Paying Tenants )

TENANTS HAVE THE RIGHT TO EQUAL TREATMENT 

Tenants should not be refused rental or harassed based on the following:

• Their race, colour or ethnic background 

• Religious beliefs or practices ancestry, including people of Aboriginal descent 

• Place of origin citizenship, including refugee status 

• Sex (including pregnancy and gender identity) 

• Family status 

• Marital status, including people with a same-sex partner 

• Disability 

• Sexual orientation 

• Age, including people who are 16 or 17 years old and no longer living with their parents 

• Receipt of public assistance

 (  Human Rights For Tenants  )  

WHO IS RESPONSIBLE FOR MANAGING DISRUPTIONS BY TENANTS

When the tenants need or conduct affect others, the landlord must balance and manage the real concerns of all parties. Even if a tenant’s behavior is disruptive (for example, noise related to children protected under family status), a landlord is expected to take steps to see if the situation can be resolved.

( City By-Laws )

CAN A CONDO BOARD EVICT A TENANT

NO, the Condominium Authority of Ontario supports the understanding that the Condo Board does not have the power to evict a tenant or owner. This can only be done through the Landlord Tenants Board, which at most times, the process has to be initiated by the landlord.

YES, the Condo Board can take legal actions to ensure compliance with the condominium governing documents and bylaws. This legal action can eventually lead to evicting the tenant. This should be done with the corporation of the landlord, but in some cases the board may have to work alone and fine the landlord for damages caused to the condominium by the tenant. The homeowner is primarily responsible for any violation of rules, or damage to common elements by the tenant. Such violations can be noise, speeding, littering, dumping and several others.

( Tenant Eviction By Board )    ( Eviction By Condo Board )

About Tarion

Tarion helps protect consumers and regulates new home builders and sellers by administering and enforcing the Ontario New Home Warranties Plan Act and Regulations. The legislation sets out the limited warranty protection builders and sellers must provide to home buyers.

Critics claim that Tarion favor builders over homebuyers. They also say that Tarion's dispute resolution process is not always effective and that the agency has been too cozy with the development industry. 

Warranty Coverage

1. One-Year Warranty: This coverage begins on the date of possession and lasts one year from that date and includes items such as defects in work and material and unauthorized substitutions. 

2. Two-Year Warranty: Your new home warranty continues to provide coverage into year two and include items such as water penetration, heating and electrical. 

3. Seven-Year Warranty: Your home’s seven year warranty covers major structural defects.

HELPFUL LINKS

• ( Tarion Phone Number )

• ( Homeowners Info Page )

• ( Tarion Coverage )

• ( Tarion FAQs )

• ( Tarion Email )

• ( Tarion Contact Person )
  
  

*The condo management is not responsible for the maintenance or insurance of individual units.
*Some have suggested getting a no from Tarion should not be accepted as a final response. Try again and again.