Ontario Community Newspapers

Oakville Beaver, 3 Mar 1993, p. 32

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i bel His explanation was that the garage door lock was not part of the common elements and, therefore, not up to the corporation to repair. That while under Section 41 â€" (3), the corporation must maintain or keep in good repair everyâ€" thing except the units. It is up to the unit owner, under the same section but under clause (4), the owner must keep everything that the description says is Yesterday, it was cold and I went to open the door and when I tried to turn the key, it broke in the lock. When I called the manager to ask him to repair the lock, he informed me that it was up to me to fix the lock and replace the key. Dear Condofax: Some time ago when we moved into our unit, I complained about our garage door and the corporation replaced it. Since then, there has been a series of problems with it, one of them being a faulty wire cable which the Board replaced. Who‘s responsible for repairs‘ MEL WHITE* 847â€"3030 Res. 829â€"1 344 CIDEL RIVERA* 847â€"303 Res. 338â€"5746 MEL WHITE* 847â€"3030 Res. 829â€"1 344 CIDEL RIVERA* 847â€"303 Res. 338â€"5746 * 3â€"bdrm. * House s * Must se LOCATION! LOCATION SOLD AT 99% OF LIST!! ROOFTOP DECK TREES, PRIVACY 3030 3030 INKING OF / .4\ "«3 :&-A‘Q j THBUY|NGG O 4. OR SELLING? ~COMMERCIAL/ _ INsTANT betAis: _ NO STRESS! RESIDENTIAL _ RECORDED MESSAGE $895/month Call 333â€"0505 CAI.I_ ME QUIET CRES.â€"PRIV. GDN BETTY PHILIPS* 338â€"2201/24 Hr. Pager SUE HODC 338â€"2201/845 Dear K.U.: I can understand your problem since it is somewhat the same as the dilemma that Boards and owners have to conâ€" tend with when the question arises about who is responsible for replacing glass in a broken window. Is the outâ€" side of the window pane part of the common elements and, thus, up to the corporation to repair or replace, or if the description describes the unit boundary, as it does in Schedule "C" in ours, as being "the boundary shall extend to the unfinished interior surâ€" face of the glass included therein." It is on the unscrambling of such murkv clauses that lawvers mine for I don‘t see why this should be so when they have looked after the repairs to the door before. Whose responsibiliâ€" ty is it to fix a lock on the garage door? Keyed Up Anoths part of his unit, in good repair. It was his contention that the lock was part of my unit and not a common element. SOLD IN 5 DAYS 1 )r D 6164 d & SUPER BUY AT $109,900 BETTY PHILIPS® $38â€"2201 /24 Hr. P. SUE HODGE* 338â€"2201/845â€"6164 $244,900 [ * gold, leaving most of us frustrated and unhappy. One could argue the case back and forth without coming to a satâ€" isfactory conclusion. However, in this case, the manager has overlooked another aspect in the matter. Under Section 41â€"(5) (d) "each owner is required to maintain and repair after damage those parts of the common elements for which he has exclusive use. Since it was you who had broken the key when attempting to open the garage door, whether you wished to argue about it being a comâ€" mon element or not, there can be little doubt that you have damaged a part of the door which is for your exclusive use and, therefore, up to you to repair. The old adage, "If it ain‘t broke, don‘t fix it", doesn‘t apply here. So if you wish to garage your car, you‘d betâ€" ter call the locksmith. I wish the ager $114,000â€"4â€"BDRM. CONDO SUE HODGE* 3$38â€"2201 OR 845â€"6164 FREEKHOLD T/H $187,900 1t BETTY PHILIPS* 338â€"2201 $81,000â€"BRONTE 24 Hr. Pager ill todayv ht n( ilk )ps. Mot 1 m nke Ipp! atc provincial government would pay attention to "If it ain‘t broke" as they consider the costly replacement of highway signs. There are better ways to spend those millions of dollars of your money and mine. Condofax welcomes your questions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario L6K 3S84, or by calling The Golden Horseshoe Chapter of the Canadian Condominium Institute (CCI) at 521â€" 8144. H. Penman Smith is a Burlington resident who has been active in all phases of condominium activity since 1975. He is viceâ€"president of the Golden Horseshoe Chapter of the CCI and former Condominium Information Officer with the Ministry of Consumer and Commercial Relations of the province of Ontario. The opinions statâ€" ed in this column are his own. He is not qualified to give legal opinions. For professional attention to all your real estate needs call: BETTY PHILLIPS* 338â€"2201/24 Hr. Pager SUE HODGE* 338â€"2201/845â€"6164 MARK HELLMANN 847â€"3030 or 827â€"7682

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