MOTION 3
“No Residential unit shall be rented without the Board approving the length of term of the lease or rental agreement. For greater certainty, the Board shall not approve leases or rental agreements with a term of less than six (6) months”.
Our current Bylaws 12.10 Tenants and Occupiers
- a) No owner of a residential unit shall rent the unit until the unit owner has given written notice to the Corporation of the owner’s intention to rent the unit, setting out the address at which the owner may be served with a notice pursuant to the Act. Such owner shall then give written notice of the name of the tenant within 20 days after the beginning of the tenancy, and written notice that the unit is no longer rented within 20 days after the end of the tenancy.
- b) A unit owner who leases or grants possession of a unit which is not a residential unit, to any tenant or occupier shall:
- i) cause the tenant or occupier to undertake in writing to be bound by and comply with the bylaws of the Corporation; and
- ii) give notice to the Corporation of the tenancy or the occupancy accompanied by the written undertaking of the tenant, tenants, or occupiers to be bound by the bylaws of the Corporation; provided that nothing herein shall in any way remove, waive or alter the responsibility of each such owner for the performance of all bylaws for all persons using or occupying his, her, or its unit
QUESTIONS:
- Why does the Board feel they must approve the length of RESIDENTIAL unit lease or rental agreements?
- What time period is being proposed for response to any such request for Board approval?
- Why are any such proposed conditions not being required of commercial unit lease or rental agreements?
- Has the commercial owner complied with Bylaw 12.10 b)(ii) Tenants and Occupiers, during their ownership? The Corporation (consisting of both residents and the commercial owner), must be provided with the notice of any tenancy and their required written undertaking as per Bylaw 12.10 b)(ii). It appears that no such compliance has ever been demonstrated. Will the commercial owner, now demonstrate compliance with this Bylaw?
Our current Bylaws appear to be working well in this regard (with exception to the non-compliance of #4). There is therefore no need to support any such motion at this time and certainly not until good reason for an amendment can be demonstrated along with compliance of the commercial owner to Bylaw 12.10.