Bylaw enforcement, policies, communication, owner/tenant/board issues, etc.
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    • #2478
      CCI Admin
      Keymaster

      Posted by Donna S on March 19 2018 at 07:26 AM | 10 comments
      If yours is an age-restricted condo, what do you do to verify occupants’ age? Thanks.

    • #2479
      CCI Admin
      Keymaster

      We are a 45 and over age restricted bareland condo and our bylaws reflect that in a number of areas. We, first off, when a unit comes up for sale, make sure the realtors know of the restriction. Homeowners may not always relate this as they as they want to find buyers. Secondly, once an offer is presented, either the realtors or the owner will ask for all the documents pertaining to the financials of the corporation. We ask for buyers age verification at that time. Lastly, if all the previous checks are met, we have have included a statement of the age restriction on the estoppel certificate. If the unit owner wishes to rent, all the same checks apply as the owner must apply to the Board for rental approval.

      Steve T on March 19 2018 at 07:52 AM

    • #2480
      CCI Admin
      Keymaster

      Thank you for asking the question. I, too, am interested in reading the replies. We are a 34 unit 50+ condo and until now we have taken people’s word. It hasn’t been a problem but I am aware we have an obligation to enforce the bylaws, so if we should be more diligent in this matter I would like to know our rights and obligations. p.s. we will be amending our bylaws to raise the age to 55+.

      Tony B on March 19 2018 at 07:55 AM

    • #2481
      CCI Admin
      Keymaster

      Steve T – thank you for your reply. When you “ask for buyers age verification at that time”, what do you accept as proof? If they are official documents (birth certificates, Driver’s license etc.) do you have a document retention policy/practice?

      Tony B on March 19 2018 at 07:59 AM

    • #2482
      CCI Admin
      Keymaster

      Caution: you shouldn’t try to restrict the sale to a buyer who doesn’t meet your age restriction, and I doubt that you can legally ask for proof of age at that time since you are not a party to the transaction. The agreement of Purchase and Sale is between the buyer and seller and doesn’t involve the Condo Assoc.

      You can and should however make it clear to both parties that the bylaw only restricts occupancy.

      Perhaps a Lawyer can draft a PERMISSION TO OCCUPY form for such use. This ‘form’ would include acknowledgment by the Condo Association that satisfactory proof of age has been provided by the intended occupier.

      My thoughts only.

      Brian H on March 19 2018 at 09:31 AM

    • #2483
      CCI Admin
      Keymaster

      Brian H. I agree with your comments. Especially about the legality of asking for proof of age. And as far as I interpret the Condominium Act someone under the age limit stated in various condo by-laws does not prevent a party who doesn’t meet that age limit from buying the condo, they just can’t live in it unless they meet the requirements of the by-law. For example, a person under the age limit of, lets say 55, may buy the condo for his/her parents, who are over 55, and then may live in the condo with them if the bylaws allow that a child over a certain age is allowed to live with a parent who has attained the age of 55 or over.

      But it is a good question, because how do you enforce the age limit, when a unit is bought and rented out, if it’s not legal to ask for proof of age?

      Bob S on March 19 2018 at 11:31 AM

    • #2484
      CCI Admin
      Keymaster

      Aw, come on guys. Take a look at your driver’s license. Date of birth is verified with photo ID. You note down the license number, and it’s end of discussion.

      The spouse of a qualifying 55+ buyer is in, no matter what his or her age (but presumably over 15 to make the “spouse” thing legal)

      If the buyer doesn’t have a driver’s license, then a passport or a Nexus card provides highly official verification including photo ID.

      There’s no need here to take a prospective buyer’s toe nail clippings to the university labs for carbon dating.

      If your condo corp is having its bylaws amended with respect to a +55 provision, I would soften the wording to allow a purchase to proceed for buyers who are within a certain number of months, or possibly a year or two, of their 55th birthday. As a seller I would be some upset if a sale falls through because the buyer is a couple of months away from her 55th birthday!

      Gus V on March 19 2018 at 01:10 PM

    • #2485
      CCI Admin
      Keymaster

      It’s interesting to me that despite the significant comments above, no one has actually said how their condo verifies age. What documentation is requested and noted? What are condos currently accepting as “satisfactory proof of age”? What documentation is a condo corporation permitted to request under privacy legislation? My feeling is that we need legal advice on this matter.

      Donna S on March 19 2018 at 01:33 PM

    • #2486
      CCI Admin
      Keymaster

      We always ask for a photocopy of drivers lic. or other similar proof to acompany the purchace or rental app.

      Ronald M on March 19 2018 at 03:48 PM

    • #2487
      CCI Admin
      Keymaster

      Gus,the question of asking for proof of age for rentals is……is it legal? Is it discriminatory? If it’slegal, getting the proof is then simple. As you stated get a copy of an operators licence or any government document that has photo I.D.
      Does any one know if it is legal to ask for proof of age when renting or buying into an age restricted unit?

      Bob S on March 19 2018 at 05:12 PM

    • #2488
      CCI Admin
      Keymaster

      Responding to Bob S:

      Official ID like a driver’s license is there so we can conveniently prove who we are.

      When Air Canada asks to see your driver’s license at the departure gate, you have the option of refusing, in which case you can then drive or walk to Saskatoon, or catch the train in three days! The airlines demand ID thousands of times a day, So I’m no lawyer but I kinda think it’s legal. Bar staff seem uninhibited in asking the junior clientele to kindly prove their age or get out.

      Plus-55 Condos are in the same position. They have a discriminatory but perfectly legal age provision, and are entitled to ask for proof of age; the prospective resident can refuse to give it, in which case she doesn’t get to live here. There’s no compulsion, just options.

      As an aside, I would refrain from copying or taking a photo of someone’s license, but just make a paper note of the essentials: license number, dob, full name and home address. People are more comfortable when it’s clear their info, (especially photos) is not going into a database to be hacked by the dark side. If the age verification is done by your condo management company, have them assure the applicant(s) that their data will not be divulged to anyone, (including board members) unless it involves a valid court order to produce information. The manager should also tell the board only whether the applicant meets the age rule; nothing more.

      In summary, I wouldn’t worry the legality of asking for information, but have policy and procedures in place to guarantee that entrusted information is kept private and confidential.

      Gus V on March 25 2018 at 03:02 PM

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