Oakville Beaver, 13 Jul 1994, p. 36

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Dear Condofax: We have an annual meeting comâ€" ing up and realizing the problem that so often arises, we were wondering about obtaining the necessary numâ€" ber of proxies to ensure that we would have a quorum when it came time to start the meeting. Do we have to inform the mortgage holders on our units that we are planning to make some changes in our common elements? The problem is that we Q A: common elements and car care Countrywide 338â€"6550 â€" KIDS, PARKS, SCHOOLS! *Sales Representative **Associate Broker ***Broker 5) 338â€"6550 Walk to everything (even shopping). Great home for growing family on crescent. Main floor family room with fireplace. Bring the namnny or the granny. 3 + 2 bdrms., 2 kitchens, good location, close to shopping, schools, Goâ€"Train. Call now to see, don‘t know who they might be as we have no records of them on our books. Answer: Some clauses in a mortgage agreeâ€" ment may allow the mortgage holder to vote or consent on behalf of the unit owner. If so, the mortgage holdâ€" YOU‘LL MISS THIS ONE Privacy galore with this large mature lot in the heart of Coronation Park. 4 bdrms. raised bungalow. Call now to Beaqutiful 4â€"bedroom family home at end of quiet soughtâ€" after court. Large pieâ€"shaped lot (big enmg;h for 2 pools). Moveâ€"in condition. 280 North Service Road West Oakville Ontario LGM 282 Office Hours: Mon.â€"Fri. 9â€"9, Sat. 9â€"5 er to so inform the corporation that they have the right to vote on behalf of the particular unit owner whose mortgage they hold. In that case the Board is required to notify the mortâ€" gage company about the proposed changes they have in mind. If you have not received such a request, then you have no obligation to invite the mortgagee to attend the meeting or supply a proxy. Countrywide Town Centre Realty Inc 905â€"338â€"06550 Mature N./E. court location. 5â€" level backspiit, large kitchen, main floor family room, finâ€" ished basement RUSSELL CATHERINE SMITH*. you are thinking of Reall Estate Dear Condofax: We are a small condo and we have a problem with one of our unit ownâ€" ers who almost daily washes his car. That is not so bad except he also washes cars other than his own, his neighbor‘s and others. Since our water bill is paid for out of our comâ€" mon element fees, some owners object to the excessive amount of out water being used by this owned in pursuit of his car washing tendenâ€" cies. This also leads to a situation where there is a perpetual puddle of water caused by a depression in the driveway in front of his unit, which is unpleasant and detracts from the appearance of the complex. But on top of this perhaps minor irritation, the owner is using his driveway to make repairs and to change the oil in his vehicle. Can the Board do anyâ€" thing to address these problems? Answer: It is within the power of the Board to control the actions of the owners through the application of byâ€"laws and rules, given by the Act under Sec. 29(1) "Board may make rules respecting the use of common eleâ€" ments or any of them to promote the safety, security or welfare of the owners and of the property or for the prevention of any unreasonable interâ€" ference with the use of the common elements and of the units." Look over your byâ€"laws and rules for the operation of your condo. You may already have some which define the uses of the common elements. In our corporation we have a rule that states, "nor shall any repairs or adjustments be made to any motor vehicle on the common elements, and no motor vehicle shall be driven on any part of the common elements other than a driveway or parking space." This prevents anyone from evading the restriction by driving the car onto the lawn or other part of the common elements to carry out his repairs. H. Penman Smith is a Burlington resident who has been active in all phases of condominium activity since 1975. He is vice president of The Golden Horseshoe Chapter of the CCI and former Condominium Information Officer with the Ministry â€" of â€" Consumer _ and Commercial Relations in Ontario. The opinions stated in this column are his own. He is not qualified to give legal opinions. If you do not have such a proviâ€" sion, than contact your lawyer to proâ€" vide you with the byâ€"laws or rules which allow you to properly control the use of your common elements. Condofax welcomes your quesâ€" tions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario, L6K 384, or by calling The Golden Horseshoe Chapter of the Canadian Condominium Institute (CCI) at 905â€"521â€"8144.

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