Like all condominiums, 70 High Park Avenue is governed by a series of laws and legal documents. Condominium law in Ontario is governed primarily by the the Condominium Act, 1998 and the regulations made under it, both of which are available online on the Government of Ontario's e-Laws website.
For general information about the Condominium Act, 1998, please visit the condominiums section of the Ministry of Consumer Services's website. The Condominium Act, 1998 is the responsibility of the Ministry of Consumer Services.
A series of legal documents known as the Declaration, By-Laws and Rules outline the lawful activities of the corporation, the powers and duties of the Board of Directors and the privileges and obligations of residents.
The Declaration forms the basis for the rules governing the condominium and can only be changed with the consent of 80 percent of the owners.
The Board may also pass By-Laws dealing with a wide range of matters such as maintenance of the common elements, assessment and collection of common expenses and corporation assets and duties. By-Laws are not effective until confirmed at a meeting by at least 51 percent of the owners. By-Laws can only be changed or repealed by the passage of new By-Laws.
The Board also has the power to create Rules relating to the use of common elements and units. Rules are passed by resolution of the Board, and become effective 30 days after notice of the rule has been given to each owner. The Board does not need the permission of the owners to pass a rule, however, owners can amend or repeal a rule at a meeting of owners called for that purpose.
The Rules were initially established by the builder (the Daniels Corporation), and contained in the condominium documents that were provided to all owners when they bought their units from the builder. Once the Toronto Standard Condominium Corporation 1676 took over, these rules were officially accepted by the Board on behalf of the owners. Over the years the Board working hand in hand with volunteer committees developed additional Rules to further promote community living. A copy of these rules can be obtained from the Property Manager or are available for download on the Declaration, By-Laws and Rules page.
Failure to comply with the Declaration, By-Laws or Rules will result in a letter to the Resident or owner asking them to comply and specifying what steps will be taken if the non-compliance continues. Depending on the seriousness of the issue, legal action could be taken, including but not limited to having the matter arbitrated or taken to Superior Court. If legal action is taken and an owner is found to be out of compliance, the court or arbitration panel has the authority to levy the cost of the proceedings or arbitration against an owner as it sees fit.
Complaints relating to littering, dirty carpets and the barbeque are dealt with by increased housekeeping efforts. All of these these measures result in costs and time spent by the corporation and staff, costs which are ultimately recovered by monthly maintenance fees. For this reason, the cooperation of all residents by complying with the Rules is necessary to minimize any additional cost burdens for the corporation.