Condo Boards
condominium
Megan Molloy, BA (Honours), LL.B. Elia Associates Professional Corporation
owners
Not Just Your Castle Why Your Board Deserves Appreciation Not Criticism
The realities of modern-day society, however, suggest that practical limits exist on property rights, such that the rights of property owners are unavoidably intertwined, with each owner’s enjoyment of their property made possible only by limits placed on their neighbours’ use of it. This is especially true in condominium corporations, where the Courts have recog-
nized that the old adage “a man’s home is his castle” is subordinated by the exigencies of modern living in a condominium setting. If you choose to own a condominium unit, you are wilfully choosing to surrender (at least) some degree of your right to selfinterest. Condominium corporations are creatures of statute, and derive all of their governing rights, objects, powers, and duties from the Condominium Act, 1998, (the “Act”). In such a setting, an owner’s freedom is largely at the mercy of the rules passed through the condominium corporation’s internal decision making processes, and anything infringing on the enjoyment of neighbouring units is often forced to yield to the greater public interest. When living in an environment where individual rights are often limited by the rights of the community, condominium owners are well advised to embrace a broader perspective of their property and appreciate that they own part of the entire condominium – and not just their individual units.
Under Section 17 of the Act, a condominium corporation has a statutory obligation to control, manage, and administer the common elements and assets of the corporation on behalf of its unit owners. But how does this work? Condominium corporations are marketed as turnkey, carefree living – omitting the fact that some owners will need to step up and volunteer as leaders within their community. Particularly when a condominium corporation is thriving, it can be difficult to find volunteers. Although everyone agrees that it is necessary, no one is willing to take responsibility for ensuring the condominium corporation’s obligations are met. Here’s a radical thought: things don’t get done by themselves! The most obvious asset any community has is its people. This is so evident that it is often overlooked. Nevertheless, many unit owners generally do little more than attend the corporation’s annual general meeting, and to some, even that is a chore so they choose to ‘attend’ CONDOVOICE SPRING 2015
CV
59
ILLUSTRATION BY TOMIO NITTO
“Every man’s home is his castle” was a maxim much celebrated in England, originating in Semayne’s Case, (1604) 5 Coke Rep. 91, after the British Court decided “that the house of every one is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose...”. Similarly, William Blackstone - an English jurist, judge, and politician of the eighteenth century - coined the notion of property as the “sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe”.