Dear Neighbours,
as you may know, By-Law 13 (the Organizational By-Law) was registered and adopted as of November 18, 2016, following a vote of Owners. Once the majority of Owners passed the By-Law, the Corporation began enforcing it. A particularly important part of this By-Law is the Occupancy Standard portion, which states that the Corporation has the right to charge additional funds (as maintenance fees) to those who are over their standard occupancy limit.
This survey is intended as an educational opportunity for residents, as well as an explanation of the multi-faceted challenges and restrictions that the Board faced when deciding whether dens qualify as sleeping areas, and, finally, an opportunity for OWNER feedback.
According to our Declaration, Article 6 defines an Occupancy Standard as "the maximum number of persons entitled to Reside in a unit, based upon the City of Toronto’s maximum occupancy for which the Corporation’s building was designed, as determined by the registered Description for the Corporation and by the “occupancy load” established in the Ontario Building Code 0. Reg. 403/97, s. 3.1.16.1(1) or as amended hereafter) which requires that no more than two persons per sleeping room or sleeping area shall reside in a dwelling unit."
As you can see, according to the Ontario Building Code, the norm is two people per sleeping room/area. A common question that we, The Board of Directors, regularly receive is... "What counts as a sleeping space?"
To answer this question, we again turn to our Declaration, which states that a "'Sleeping room' or 'sleeping area' means any bedroom, study, den or other room designated as a sleeping room or sleeping area by the board of directors of the Corporation from time to time in a dwelling unit in accordance with the architectural plans forming part of the Corporation’s registered description, but shall exclude a kitchen, dining room, living room, family room, solarium, bathroom, foyer, lobby, closet, laundry room, utility room, pantry and balcony, unless any such excluded room is designated as a sleeping room or sleeping area by the board of directors from time to time."