Whether you live in a condo, or are on the board of directors, residents throwing things from their balconies can be a serious concern. Beer bottles and cigarette butts not only create litter on the property, but throwing these items from balconies can create safety issues.
If you’re a resident, it is crucial that you avoid throwing anything from your balcony. Section 117 of the Condominium Act of Ontario states that any activities that have the potential to damage property or injure an individual are forbidden. If you injure another resident or damage the property because of your actions, you can be held legally responsible.
If another resident in your condominium complex is throwing objects from their balcony, you should contact your board of directors. It is their responsibility to enforce Section 117 of the Condominium Act of Ontario. The board will contact the resident by mail, informing them that their conduct is unacceptable as it could cause injury or property damage. The letter must also state that any resident who continually throws objects from their balcony will be referred to the condominium corporation’s lawyer.
Although an occasional stray cigarette butt may not seem like a big issue, the condominium corporation must be as proactive as possible in enforcing Section 117. Proper board enforcement will ensure that other condominium owners are legally protected. If the board fails to take appropriate action and it results in damage or injury, the board may be held responsible for paying damages to condo unit owners.
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If you are a resident of a condominium and have received injuries because of objects thrown from another resident’s balcony, you may be entitled to compensation for medical treatment as well as other benefits. Contact a personal injury lawyer as soon as possible and find out more about your rights.