Advice re: Animal Waste in Building

[ndawgg]

Hi all,

Wasn't sure where to post this but looking for some advice. My partner and I own a condo unit and we noticed the other day when we stepped onto our balcony that it REEKED like urine and when we looked we saw dried pools of it on our railing and light fixture, it's caked on the balcony glass, and dripping from the balcony above. The metal of the balcony also seems to be rusted and corroded from it. We let our property manager know and she sent the offending unit a letter and told us to monitor it. My partner called in a cleaning service (we had to find one that would deal with animal waste) and they cleaned it up for about $300. The next day the waste was dripping down again. We once again let our property manager know. We've since found out by speaking to our neighbours that it's actually coming from 3 floors up and there's so much that this is what made it down to us. We also had someone get their hands on a picture of the offending balcony and apparently it's a pool of urine with islands of feces.

We and our neighbours above have been complaining to the board and the property manager. Apparently a second letter has been now sent.

We are being told that we will not be reimbursed for the cleaning, that the balcony is our problem, and all they can do is send letters. We can't even open our window because of the stench. Yesterday we looked out and now there is full on liquid feces splashed on our railing. This seems like a health hazard and in a common area, but we were pretty much told too bad, the balcony is yours. But we don't arrange for the front of the balcony glass to be cleaned so how are we to clean the exterior balcony glass that's streaked with dried urine? The example our property manager used was that if a pigeon poops on the balcony it's our problem, but I insisted that it's different. That's uncontrollable nature, this is from a bad owner/tenant. If they damaged the building in another way like a fire, what would happen?

Anyway, does anybody have any advice for where we go from here? The waste keeps coming down and we're getting sick of being told that nothing can be done and we're on our own.

Thanks!

PS, here's a picture of our balcony from one of the days..notice the disgusting streaks on the glass.

 

[DSC]

Not a nice situation but one that is not unique. In my opinion, you need to do a few things.

Look at your Corporation's Declaration - you should have been given a copy when you bought. I bet the balcony is 'common elements, exclusive use. If it is exclusive use, common elements (which is 99% certain) any 'repairs' will be a Corporation responsibility and I bet they pay to have the outside balcony glass cleaned every so often - maybe 2x per year along with any inaccessible windows. I bet they are also responsible for the painting and repair of the railings. Then look to see in the Corporation's documents if an owner is responsible for 'tidying' any exclusive use common elements - this may not be clearly noted and there is obviously a difference between a 'deep clean' and a quick vacuuming. In most cases, an owner 'vacuums' while a Corporation deals with major cleaning, like bird poop coming from nests higher up the walls or roof. If there is no mention of the owner being responsible for 'tidying' any exclusive use common they have, then they are common elements so the Corporation is presumably responsible.

When you know the facts, I would WRITE to the Corporation - ideally sending this to both the Property Manager and the Board President (or the whole Board). You can find out their names at: https://www.condoauthorityontario.ca/condo-registry-search/

Point out, politely, that the actions of another owner appear to be contravening normal Rules like not annoying neighbours and this has cost you money and sleep. Say that you thank them for trying to help by sending letters but they have clearly not worked and suggest that the Corporation now needs to get their lawyer to write to the offending owner and suggest that any cleaning costs should be paid by the Corporation and charged-back to the culprit. The Act allows the Corporation to charge back their expenses of enforcement to 'offenders" and legal letters can easily cost $750 a time. That said, you may NOT be able to recoup previous expense as a Corporation needs to move carefully and issue "Manager Letters" first - these are not usually charged for - as the CAO tries to be fair to everyone. Take a look at the CAO pages on "Common Issues" for ideas.

Bottom line, be sure of the facts @ your Corporation re ownership and 'tidying' and then put all correspondence with the Corporation in writing. Make sure they know you are pissed off as it were!) and that you know you could go to the CAO for help if they fail to act, speedily. You and the Corporation SHOULD be on the same team but if they fail to act, remind them that you can (and will) go to the Condo Authority Tribunal for help if they do not act and succeed. That should get them moving!! Good luck!

 

[lenaitch]

I know nothing about condo living but agree that a calm, focused, but persistent approach always beats yelling and screaming. Beyond being a nuisance, I have to believe there is some provision for not impinging the health and safety of other owns. If nothing else, it would be common law to be free from and health and safety danger caused by others.

Perhaps keep it within the Corp for now, but I would have your local public health board on speed dial if necessary. There might also be a Humane Society angle if the critters are being cooped up all day.

As in all matters like this, actual evidence and first-hand knowledge always wins. As you demonstrated, the natural tendency was to initially blame those right above you.

 

[afransen]

Hi all,

Wasn't sure where to post this but looking for some advice. My partner and I own a condo unit and we noticed the other day when we stepped onto our balcony that it REEKED like urine and when we looked we saw dried pools of it on our railing and light fixture, it's caked on the balcony glass, and dripping from the balcony above. The metal of the balcony also seems to be rusted and corroded from it. We let our property manager know and she sent the offending unit a letter and told us to monitor it. My partner called in a cleaning service (we had to find one that would deal with animal waste) and they cleaned it up for about $300. The next day the waste was dripping down again. We once again let our property manager know. We've since found out by speaking to our neighbours that it's actually coming from 3 floors up and there's so much that this is what made it down to us. We also had someone get their hands on a picture of the offending balcony and apparently it's a pool of urine with islands of feces.

We and our neighbours above have been complaining to the board and the property manager. Apparently a second letter has been now sent.

We are being told that we will not be reimbursed for the cleaning, that the balcony is our problem, and all they can do is send letters. We can't even open our window because of the stench. Yesterday we looked out and now there is full on liquid feces splashed on our railing. This seems like a health hazard and in a common area, but we were pretty much told too bad, the balcony is yours. But we don't arrange for the front of the balcony glass to be cleaned so how are we to clean the exterior balcony glass that's streaked with dried urine? The example our property manager used was that if a pigeon poops on the balcony it's our problem, but I insisted that it's different. That's uncontrollable nature, this is from a bad owner/tenant. If they damaged the building in another way like a fire, what would happen?

Anyway, does anybody have any advice for where we go from here? The waste keeps coming down and we're getting sick of being told that nothing can be done and we're on our own.

Thanks!

PS, here's a picture of our balcony from one of the days..notice the disgusting streaks on the glass.

View attachment 509211

Maybe a call to report animal abuse is in order.

Animal welfare

Abuse and neglect of any animal is not tolerated in Ontario. If you think an animal is in distress or is being abused, call 1-833-9-ANIMAL.

www.ontario.ca

I would say making an animal relieve itself a pool of its own filth counts as neglect. Are they keeping the pet on the balcony for extended periods (like, while they are away from home)?