Q: "One of our condo apartment owners has a large ground-floor patio on which he sunbathes naked. There's a lot of foliage screening him from each side and the street, but he's not hidden to me two floors above his suite. Can he do that?"
A: Yes, probably. Even public-place nudity has pretty well been ruled allowable by Canadian courts, and private-property nudity---baring carnal activity---seems entirely beyond legal prohibition. And while most condominium Bylaws prohibit activity that "brings disrepute" to the condo development, it's difficult to argue that legal non-sexual nudity on private condo property or in exclusive-use areas such as patios and balconies is disreputable.
Q: "The tenants in the condo suite next door leave their shoes and winter jackets out in the hallway. When I've complained they say the suite's entry is not big enough to keep them inside and they feel that's what the building's hallway is for."
A: Common-property lobbies and hallways are NOT for storage of any kind. Even "welcome" mats can look strange when every suite owner has a different one. All condominium Bylaws have sections laying out the duties of owners, and these usually include keeping shoes, boots, mats and storage inside the private property. That the suite's residents are tenants makes no difference; the rules apply and the owner must ensure that the tenants abide by them.
Q: "The owner next door has framed a dividing wall into his living room. It looks like he's creating a den or maybe even a third bedroom in his 900-square-foot suite. Can he do that?"
A: As long as redecoration and renovation is entirely within a condo suite and does not affect the common property or utilities, owners can make their suites as ugly and chopped-up as they like. It would be different if that owner were to put in another bathroom, say, that needed connections to water services and the sewer system; that would require approval of the condominium Board. Some Boards feel they have veto power over any renovation, but really the authority of Boards is limited to those things which affect or are likely to affect the common property.
Q: "My elderly neighbour puts bird and squirrel feed out on her balcony. She's on the Board, so when I objected the Board refused to do anything about it. She says it's her balcony and she has the right to feed anything she wants."
A: No she doesn't. Condo Bylaws virtually all restrict feeding animals and birds because animal waste can dirty the building and bring health issues with it. How would this lady like it if people above her did the same thing, leading to her windows being splattered with seagull and pigeon droppings? Whether she's on the Board or not, the Board has a duty to uphold the building's Bylaws. In fact, she should be told to leave the meeting when the issue is discussed and voted upon, even if she's the Board's chair and building's president.
Q: "A fellow in the townhouse across the way is running a home-based massage business. No one else seems to care, but it's an irritation to me because I'm retired and I have to deal with cars parked across from my driveway. Can he do that?"
A: Not unless both your condo Bylaws and the municipal zoning allow it, which I doubt. Although there is specific "live/work" zoning available in Calgary, it's mostly seen at newer condo developments in inner-city neighbourhoods. I've also seen older townhouse developments that have amended their Bylaws by 75% majority vote and which then obtained the City's permission for an in-home daycare which serves families in adjacent homes. Otherwise home-based businesses in residential condo developments are mostly limited to those that do not require visits by the public. Still, you may choose to support your neighbour with a "blind-eye" approach. Perhaps he'll park on the street and tell his clients to park on his driveway. Live and let live?
Q: "The fellow who owns the titled indoor parking stall next to mine spent a week repairing his car in the stall. After having him move tools a few times so I could pull out I asked if he should really be doing that in the garage, but he told me that since he owns the stall outright he can use it for car repairs. True?
A: No, that's not true. Even when an indoor parking stall is titled private property there's usually a restrictive covenant on the title limiting its uses. Just like we can't do anything we want in our suites (noise, illegal activity, create noxious odours), we can't do anything we want in our titled parking stalls. Check your Bylaws for the list of restrictions, and your files from the time of your purchase for a copy of the registered restrictions on parking stalls. Then have your Board enforce the rules.
Calgary Condominium Directory
