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  • #8640
    ellamac
    Flatchatter

      We have a small group of town houses, and are finding standard bylaws do not cover the small extras owners want – `screens, hand rails, etc. etc.

      The cost  of a special bylaw is quite considerable for our ageing owners,  and I wonder are there some “generic” special bylaws out there which would cover owner’s installations>?

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    • #17594
      struggler
      Flatchatter

        If it is flyscreens you are referring to and your complex has adopted the model bylaws, then it does say under Item 5 damage to common property, though an owner cannot mark, paint….or otherwise damage or deface etc, in subaragraph (3) that this by law does not prevent an owner or person authorized by an owners to install (b) any screen or other device for prevent entry of animals or insects on the lot. It later states that any such devices must be installed correctly and be in keeping with the appearance of the rest of the building.

        If the handrails you are referring to are handrails on the outside of the townhouses, rather than have each owner draw up their own special by law to install a handrail in their nit, why don’t you have one drawn up for the whole complex that stipulates what type, colour of handrail is permitted in the complex and where exactly they can be fitted and which company to use. Though beware that any company you authorize to do such works may not be in business when the next owner wants a handrail and another company may not produce the same handrail. Then you could well end up with a mixed bag of handrails affecting the look of the complex.

        Why don’t you look into getting handrails installed for all units by the OC. Get quotes and if extra monies are required you could spread a special levy over a few quarters to ease the cost to owners. In this way you can control the look of your complex. And handrails are not only handy for the elderly, they can make it easier and safer for a lot of people.

        #17596
        Whale
        Flatchatter

          ellamac – I doubt you’d find anything applicable (enough) for your needs, but you have a couple of other choices here if other posters can’t assist with anything existing.

          Whilst Owners can install some items such as safety screens without the prior consent of your Owners Corporation (O/C), if only for quality control it would in my opinion be preferable for your O/C to either consent to each individual Owner’s requests to install (safety) screens and handrails and similar items on Common Property by a Special Resolution taken at a General Meeting; that’s passed when at least 75% of those Owners present at the Meeting either personally or by proxy are in agreement, OR;

          Your O/C can make the Special Resolution (above), and then use the wording of that to itself create and Register a simply worded generic Special By-Law to apply to all such installations as you have suggested, which can be written by anyone who’s not prone to legalese or verbose language (like me) using this Form and by paying the prescribed Fee of $102.00. 

          Hope this helps.

          (Struggler’s post came in whilst I was typing mine, but they’re pretty-much complementary as usual)

          #17599
          kiwipaul
          Flatchatter

            @ellamac said:
            The cost  of a special bylaw is quite considerable for our ageing owners,  and I wonder are there some “generic” special bylaws out there which would cover owner’s installations>?

            It’s only expensive if you employ someone to write them for you. Their is nothing to stop you composing ones yourself and then you only have the cost of registering them and that is only $102 as quoted.

            EG

            Owners fitting handrails, flyscreens, xxxxx, xxxx do so at their own cost and are responsible for the ongoing maintenance of said features. Fitting have to be approved by the OC (or EC) prior to fitting by a simple majority vote ( or if you like special resolution vote 75% in favor) and to be in keeping with the rest of the complex.

            You just have to keep it simple.

            As Struggler suggested if the OC does the install for all units no bylaw is required because maintenance will fall on the OC as it did the install and so accepts responsibility for it.

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