Q In our condo, the board has rules that forbid fast-food delivery people
from going upstairs to units. Instead, they call from downstairs and tenants
must go down to pick up the order. The board claims this is for reasons of
security. Can it do this?
A Does a condominium board have the right to control the private visits of a
tenant, whether those visits are for personal or commercial purposes? Does a
condominium board have the right to distinguish between personal visits and
invited, commercial visits?
Does a condominium board have the right to further distinguish between types
of commercial services, for example a plumber and a pizza delivery person?
When I investigated this situation, I discovered that pizza delivery staff
is refused unescorted entry privileges to this condo building because
sometimes they would drop flyers at people's doors. The board also bans
fast-food deliveries because of "building security."
First, the unit owners should elect a new fast-food-friendly board of
directors. Either that, or the delivery persons should all wear ``plumber''
Under the Condominium Act, a condominium board can make rules for "the
safety, security or welfare of the owners and of the property" or "for the
purpose of preventing unreasonable interference with the use and enjoyment
of the common elements and of the other units." The only limitation on the
nature of these rules under the Act is that the rules must be "reasonable"
and "consistent" with the legislation.
Bob Aaron is a leading Toronto real
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