Issues with my condo board

[I-Hate-Hulse]

I was Board President of my condo for 3 years and dealt a lot with dishes.

As for sticking it on a ugly ass post in your backyard, it comes down to whether the backyard is defined as common property. If the Board is mowing it and has the authority to make it pretty, this idea won't fly either. You'll just be shot down again. Your trick is to setup your dish in a NON PERMANENT way. Hence why tripods on balconies are your best way. Any chance a dish will work aimed through a glass window? (I'm on Shaw for this very reason so I don't know the particulars on dishes)

Putting holes in the roof to mount stuff gives Boards heart attacks. Technically, you don't own the roof over your head; it's common property. So when you increase the possibility of water leakage and all the fun and joys of damage and mold growth - the Board has a responsibility to crack down on that and make sure nothing happens. Yeah, it sounds draconian, but you need to remember, you're living in a community.

Then there's the issue of unsightliness. I had a unit that decided to pickup a whole bunch of US grey market dishes and mount like 5 dishes on a 20 foot railing. Again, it may sound fine to you, but if everyone mounted a unit on their roof or balcony and it's going to make your condo look like it's got a bad case of acne / trailer park trash. Same reason most bylaws forbid the hanging of laundry.

So your best option is to carefully read you bylaws - what's defined as common property? Newer condos should definately have sat dishes spelled out - it's the sign of a good set of bylaws. If you know any of the Board, chat with them and see if it's an issue. Technically, the Board as a whole votes to proceed with enforcement action - it shouldn't be the vendetta of any one member. If you don't know - bring it up at the next AGM.

As much as people say that Boards and bylaws suck - they really are there to protect you. Just imagine if the guy next to you moves in with a set of drums and a desire to raise and slaughter chickens next to you. Was I happy being the guy that had to cite people for storing bikes and gear on balconies? No. But I and the others who sold and left the place were happy when prospective buyers came and didn't see a scene from Trailer Park Boys.

As jammies said - decisions are made by those that come out. Join the Board if you're not happy with decisions. I ended up on the Board as the previous ones were lead by incompetent fools who let the homeless cruise our halls as they didn't have the first clue on how the secure the building.

[The Ditch]

Originally Posted by I-Hate-Hulse

As much as people say that Boards and bylaws suck - they really are there to protect you. Just imagine if the guy next to you moves in with a set of drums and a desire to raise and slaughter chickens next to you. Was I happy being the guy that had to cite people for storing bikes and gear on balconies? No. But I and the others who sold and left the place were happy when prospective buyers came and didn't see a scene from Trailer Park Boys.

There's already enough bylaws in place to prevent the absurd ideas you are coming up with. If you have a problem with your neighbour phone the city bylaw. I was stupid to buy into a HOA I'm glad I am out. To the poster saying do something about it, we tried and they blocked every action and took every opportunity to make sure we wouldn't get on.

[Poison]

Thanks for all the advice guys and im going about it like most suggested, getting a copy of the bylaws, sending a letter politely apologizing for my actions and to see if a compromise can be reached.

Does the phrase "common property" have to be clearly defined in the bylaws? An earlier poster said if they maintained and cut the grass of my backyard that is common property, but they do not, i have to maintain this myself.

If it ends up my backyard isnt defined as common property does that mean im free to raise said ugly ass post?
Will the "eyesore" definition trump it?

And yes for the record add me to the "Condo Boards suck" vote.
Most people are reasonable folks, and anything that was that far out of reason would probably fall under a city bylaw infraction or even criminal activity.

[Winsor_Pilates]

The common property arguement is black and white, and much easier for them to enforce. The eyesore arguement is harder, and you can get away with more.

Your backyard is likely limited common property because you maintain it yourself, but some rules and bylaws will still apply to LCM.

Common property and LCM would be defined in the oringal disclosure statement for the development. Do you have a copy? It will tell you what is what, and the bylaws will apply accordingly.

[transplant99]

Originally Posted by Poison

Thats basically what i want to know, if they wont compromise with me whether i can mount a huge post in my backyard and mount the dish to that, as that isnt common property.

havent read everything...so if this is covered sorry.

Should you need to mount the dish yourself...dont put the pole in the ground, as that is condo property or at least under their control.

Get yourself a 5 gallon bucket and fillit with cement, make sure the pole is plumb (bend the bottom 8" or so as to make sure it grabs the cement) and mount the dish on that. This way the dish is not mounted to anything under condo property, is not a permanent fixture and can be moved if need be at no expense.

[Poison]

Originally Posted by transplant99

havent read everything...so if this is covered sorry.

Should you need to mount the dish yourself...dont put the pole in the ground, as that is condo property or at least under their control.

Get yourself a 5 gallon bucket and fillit with cement, make sure the pole is plumb (bend the bottom 8" or so as to make sure it grabs the cement) and mount the dish on that. This way the dish is not mounted to anything under condo property, is not a permanent fixture and can be moved if need be at no expense.

Thanks transplant, that makes a lot of sense, what im wondering though, is whether that can still be trumped with any type of "eyesore" verbiage in the bylaw?

[Incinerator]

Originally Posted by Poison

Thanks for all the advice guys and im going about it like most suggested, getting a copy of the bylaws, sending a letter politely apologizing for my actions and to see if a compromise can be reached.

Does the phrase "common property" have to be clearly defined in the bylaws? An earlier poster said if they maintained and cut the grass of my backyard that is common property, but they do not, i have to maintain this myself.

If it ends up my backyard isnt defined as common property does that mean im free to raise said ugly ass post?
Will the "eyesore" definition trump it?

And yes for the record add me to the "Condo Boards suck" vote.
Most people are reasonable folks, and anything that was that far out of reason would probably fall under a city bylaw infraction or even criminal activity.

Common property is defined by the Condominium Plan, basically anything outside of your unit's boundaries are common property unless you have a bareland condo, in that case the lot itself is the unit.

Without looking at your specific condo plan, I would say your backyard is likely common property designated for your exclusive use, so go with t99's suggestion and you might get away with it.

The "eyesore" clause is in a lot of condos' bylaws so the final say is still with the board, it doesn't matter whether the object that causes the "eyesore" is inside or outside the unit as long as it is visible from the outside. e.g. a lot of condos forbid for sale signs posted on the windows, laundry on the balcony, bedsheets as window coverings etc.

[onetwo_threefour]

Originally Posted by Incinerator

Without looking at your specific condo plan, I would say your backyard is likely common property designated for your exclusive use, so go with t99's suggestion and you might get away with it.

That's an opinion I wouldn't want to give without looking at the condo plan. Bareland condos are nowhere near as rare as they once were in Calgary, and there is a fairly good chance that's what he's in if it's a townhouse style condo with a private yard and he has to maintain the yard himself. It may well be exclusive use common area in the yard, but I'm not sure I'd go even so far as to say 'likely' anymore. Of course, I also don't know why people seem to think that the by-laws can't apply to things you do within your 'unit' if you own the yard (i.e. bareland). The fact is that the by-laws can technically regulate activity within a unit for the common good of the condo as well as the common property. Furthermore, there could even be a restrictive covenant agaionst the title completely independent of the condo byaws that would restrict a satellite on a pole.

[I-Hate-Hulse]

Originally Posted by Poison

And yes for the record add me to the "Condo Boards suck" vote. Most people are reasonable folks, and anything that was that far out of reason would probably fall under a city bylaw infraction or even criminal activity.

You hit the nail on the head. Most people. Rules are meant to deal with the lowest common denominator. Most people think they are awesome drivers too.

Sounds like you haven't gotten a copy of your bylaws to read yet. Have a read of them, and have a think of whether City bylaws would really address things. (keeping in mind that HOA's are much different in responsibility than condo boards).

The condo across from the street us was terrorized when drug dealers bought a place and moved it, starting up a trick pad for good measure. The freaking Criminal Code of Canada didn't even get them thrown out after a year and a half - it was the bylaws that let the Board foreclose after repeated fines.


Have a look at this thread for an idea on what to build. Hey look, it's CP Mod approved!
http://www.digitalhome.ca/forum/showthread.php?t=24380

[csnarpy]

this device seems not too bad.

http://www.itbusa.net/cubsat50.asp

[GGG]

The best thing I ever did was joined the board in my Condo. One lady on the board lived next to me and within 3 months of living there the board was threatening me with noise fines. The AGM occurred shortly after the notices came so I ran for the board.

On a Condo board you get 3 kinds of people. The snoopy people who love the power and control. The Normal people who want to make sure things are run properly and people who are sick of getting complaints about them from the Condo board from the first group of people.

After joining the board no one wanted to be president so I took the role and the noise complaints stopped. I was amazed at how petty some board members were but I was equally amazed at how stupid and inconsiderate people can be. Parking in other peoples spaces. Filling the garbage cans with furniture so the city wouldn't dump the bins, Packing 3 bedroom places with 10 people.

Anyways the best way to do it would be to find out who is on the board apologize to them for moving the dish and then ask them what the best way to put the dish up would be. Be nice to the board members and you should be able to get what you want. If not find out how to change the bylaws and round up your neighbours at the next AGM.

[algernon]

Originally Posted by Incinerator

The "eyesore" clause is in a lot of condos' bylaws so the final say is still with the board, it doesn't matter whether the object that causes the "eyesore" is inside or outside the unit as long as it is visible from the outside. e.g. a lot of condos forbid [for sale signs posted on the windows, laundry on the balcony, bedsheets as window coverings etc.

So... R U sayin' I can't hang my Flags and license plates in my window? Astrix

Referenced from one of my favorite threads, evah.

[ifonlyihad1]

Hey.

Does anyone know if the condo management can legally remove a dish from a balcony?

I have my dish on a tripod, i place it out on the deck when i want to watch something good.. The dish is only out there mainly on weekends. I have received to letter stating they will hire someone to remove the dish at my expense. So i ask, since it is my property, are they allowed to take my private property?

My dish isn't attached to anything on the deck, and i bring it inside when i am done watching. The management company person was very rude on the phone with me, but i didn't expect them to be nice, so no biggie. are they just using scare tactics??

Oh i live in the complex on Panamount Dr NW.

[Winsor_Pilates]

I think you're fine, itt's on a tripod. Sounds like a ###### on a power trip. I'd try to talk to their manager and sort it out like adults.

[killer_carlson]

Do your Bylaws specifically mention satalliete dishes? Courts have said that they have to in order to ban them.

Assuming the Bylaws do say that...

Can they remove it from your tripod?

Practically speaking they probably won't be able to, however that doesn't mean that they won't enforce other remedies against you - sanctions, court remedies etc.

If you're a tenant however, don't do it at all. Under the Condominium Property Act the condo corp can boot you out for ANY breach of the Bylaws.

[ken0042]

Years ago when this type of thing would come up, the leverage the condo board would often use is that the balconies are considered to be a common area as opposed to being owned by you. Check your by-laws to see what they say.

I'd still like somebody to explain to me why satellite dishes are an eyesore. Never quite got that.

[jammies]

Awesome! The banks said my idea for starting a company that concentrated on safely removing satellite dishes from patios and balconies was stupid, but what do they know? This time next week I'm gonna be $50 in the black, baby!

[JustAnotherGuy]

This thread is educating me about condo's. I 'own' a house and I have been thinking in a few years I would downsize to a condo. Seems like less of a good idea after reading this thread. Perhaps I will just go into a smaller house.

[HPLovecraft]

Coming from countryside living, I would hate to live in a condo.

Good luck!

[tvp2003]

Originally Posted by ken0042

Years ago when this type of thing would come up, the leverage the condo board would often use is that the balconies are considered to be a common area as opposed to being owned by you. Check your by-laws to see what they say.

My understanding is that balconies are common property but exclusive use (i.e. nobody else can use it). Like the exterior of the property, If there are repairs that need to be done, the condo corporation pays for it, not the individual owner.