There is a debate about whether you can install a Mezuzah on your door frame in a Condominium Building where you reside.  Does the same apply in Toronto as we become the condo capital of North America?  A debate has erupted lately in Stratford, ON, about a tenant claiming religious persecution over their right to install a religious icon on their door frame. This video from the local News station is furthering the debate. The door frame is clearly a Common Element of the building and NOT YOUR PROPERTY as described by the Condominium Act.   You own the INSIDE of your suite.


Where are you on this issue?



When you  purchased the condominium suite you were presented with a bundle of documents that included the Rules and Regulation of residing in a condominium community and the Building Declarations.  You further acknowledged your receipt and compliance.  You have a TEN day cooling off period, [Rescission] or in the case of a resale condo purchase, the right to examine the condominium Status Certificate and Rules and Regulations. [usually 5 days]


You, as the Owner have an obligation to present these materials to a Tenant prior to their moving in because they acknowledge receipt of those documents. (you should also be video taping or taking pictures of the interiors to document current condition prior to move in). When signing the Tenant agrees to follow the Rules and Regulations of the Condo Building. The Landlord then provides a Form 5 [including lease term and contact details] for the condo unit owner to complete authorizing their tenant access to book an elevator, get keys and have access to amenities, parking and common areas.


Your condominium Board of Directors has an obligation to enforce all the Rules and Regulations in an even handedly and equitable manner in the interest of all Owners [and by extension Residents and Tenants].  If there was going to be a Rule change or modification this could be addressed in an Annual General Meeting.


Buildings are now presented with a minefield of Legislation for compliance that are not always in agreement. This could be a Human Rights Issue over religious freedoms, or a Landlord Tenant Tribunal Issue over the the rights of a Tenant and peaceful enjoyment.  The Condominium Act also applies in the compliance for Rules and Regulations of a Condominium Corporation and their right to enforce existing Bylaws.


Where are you on this issue?  Would you let it slide?   What issues would you  be prepared to defend?


Then, when you are in court the judge will ask "Why did you enforce Rule 1 and Not Rule 2?"  What will your answer be?


We all own the [Toronto] Condominium Corporation together!

David Pylyp

Etobicoke Real Estate Agent

Accredited Senior Agent for York Peel and Halton Regions

Lives in Toronto and promotes Giving Value

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4 Comments on Can you hang a Mezuzah on your Condo Door Frame?

MAY
03
2012
838,369 Points 69 Featured Posts Outside Blog Called Shot Master

I would disguise the mezuzah as a doorbell simply by putting a cover on it or a button in the center of it. then, you can kiss your door bell as you come and go all you want and no one would give a hoot unless they don't allow doorbells..BTW, I was raised Jewish and had a on again off again with kissing the thing when I was a kid...lol
7:24am • #1
104,125 Points 7 Featured Posts Outside Blog

David: I confess my ignorance- I didn't know what a mezuzah was, so I looked it up on Wikipedia: "A mezuzah is affixed to the doorframe in Jewish homes to fulfill the mitzvah (Biblical commandment) to inscribe the words of the Shema `on the doorposts of your house' (Deuteronomy 6:9). Some interpret Jewish law to require a mezuzah on every doorway in the home apart from bathrooms, and closets too small to qualify as rooms."  I emphasize "require."  So, you have religious law and you have condominium bylaws.  That's a tough call- They're both laws.  Jewish law has been around a lot longer than the condo in Stratford... Which one has priority in a court of law, though?  Please keep us posted on how it turns out.  Interesting stuff, thanks for sharing!
7:27am • #2
207,418 Points

I am on a Condominum Board of a 275 twin tower building here in Toronto.  Enforcement of the Condo Rules is a necessary evil or every claim made by every applicant would have merit. Condos work because of the Rules.

If no exemptions are granted to the Rules and Regulations then everyone is being dealt with equitably.

In our building we also have un popular rules about decorating your balcony exteriors with lights at Christmas.   Simple put   Arrange your lights  inside and its no longer anyone else's issue. 

This one is interesting in particular because the TENANT would have signed a compliance document and is now refusing to be complaint.

Nevertheless thank you for your comments!

Richie - The phrase Kiss my Door Bell will never have the same meaning for me

Andrew  Thank you for the WIKI look up!

 

David Pylyp
9:14am • #3
838,369 Points 69 Featured Posts Outside Blog Called Shot Master

I enjoyed your post...thank you ...
3:12pm • #4

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David Pylyp

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