It has now been some four years since exterior residential windows have been cleaned. Our Bylaws and the Condominium Property Act clearly state that the duties of the Corporation include common area maintenance of which cleaning of common area exterior windows is obviously included. The Act states the following:
Duties 35-(1) A corporation is responsible for the enforcement of its bylaws and the control, management and administration of the units, and of the common property and common facilities. (2) Without restricting subsection (1), the duties of a corporation include the following: (a) to keep the common property, common facilities and services units in a state of good and serviceable repair and to maintain them properly;
The common area exterior of all windows including residential balcony wall windows, are clearly designated as common area and defined in the Corporations Registered Plan as follows under UNIT BOUNDARIES (B) Horizontally:From the Unit Side of exterior concrete masonry walls, block surfaces, or inside edges of the glass windows of walls separating a unit from the adjacent balcony common area, to the unit side of concrete masonry walls, block surfaces or center line of walls (where indicated).
The OUTSIDE edges of windows are of course BEYOND THE legal boundary of a unit and ARE therefore common property. As such, their maintenance including cleaning and repair, is clearly the responsibility of the Corporation. The governing authority of ALL regulations pertaining to window cleaning contractors and equipment certification is clearly outlined in the Occupational Health & Safety Act (OHS). OHS has stongly advised that that Spadina residents are being misled, and there is NO REASON TO NOT CONTRACT available and fully certified contractors to conduct this cleaning, yet the commercial owner has directed the Board to reject window cleaning.
After four years, it is time for the Board to act. The windows must be cleaned now!