As a landlord or property manager, there are many choices you must make about the laws and regulations for your apartment buildings. One common question is whether to allow tenants to have outside furniture and/or seating, or even to provide it yourself.
There are benefits and drawbacks to this, but the final decision should be based on tenant preferences, potential safety issues, and legal factors.
Outdoor Seating Benefits
Tenants having access to outdoor seating in your apartment buildings has several advantages:
Greater Tenant Satisfaction
Outdoor seating can significantly boost tenant satisfaction and retention — many individuals enjoy spending time outdoors, and a pleasant outdoor space is more likely to be used and less likely to be neglected.
By giving the tenants the option of having outdoor furniture, you might be able to attract and retain tenants who value outdoor space and embody the positive sense of community that often goes along with its use.
Enhanced Property Appearance
Well-maintained, strategically placed outdoor furniture can enhance your property’s curb appeal, making it more attractive to potential tenants.
This can be crucial if you want to attract families or younger tenants who may appreciate outdoor activities and communal areas.
Stronger Sense of Community
Outdoor seating can make tenants more aware of the community around them; and by providing spaces for residents to gather and socialize (or allowing them to create these spaces for themselves) you can foster a more pleasant living environment for all.
This can be especially significant for young families or older renters who might be seeking social connections within their local area. Close-knit tenant communities can also make it easier to retain good tenants or oust any bad apples.
Potential for Increased Property Value
Well-maintained, well-loved outdoor spaces are an affordable way to increase property value.
All of the factors above, which can be promoted through attractive outdoor amenities, make your property more desirable and competitive in the rental market.
Outdoor Seating Drawbacks
While there are many benefits to allowing/providing outdoor seating, there are also some potential drawbacks to consider when deciding what to allow and what conditions to put into place:
Noise Disruptions
One concern is potential noise disruptions. With access to outdoor furniture, renters might be more inclined to gather outside and socialize late into the night, which could lead to noise levels that disturb other tenants.
This can be especially problematic if outdoor seating is placed near apartments occupied by people who need quiet, or families with small children who sleep early. When providing furniture yourself tenants are more likely to comply with requests of when/how to use it.
Consider the make-up of your building’s tenants and consult with them if possible.
Legal Liabilities
Another concern is the potential for liability, and potential reasons for tenants to sue you.
- Outdoor seating can pose a safety risk if not properly maintained.
- Unsecured benches or chairs might topple over or collapse, causing injuries.
- If tenants are allowed to have outdoor grills or fire pits, this can lead to fires.
This may all sound scary, but it pays to plan ahead — with proper thought and planning these issues can be avoided. You could even consider hiring or consulting with a property manager to leverage their expertise in this field.
Maintenance & Upkeep
Allowing outdoor seating can also increase maintenance responsibilities and furniture may need to be repaired or replaced occasionally.
This can be time-consuming and increase the overall cost of managing the property, but having a dedicated property manager can help streamline these tasks and mitigate potential issues.
The seasons also bring unique challenges. Windsor’s rainy season can lead to water damage, and the Canadian winter can cause all manner of damage if you don’t have a good plan for winterization.
Misuse and Vandalism
Outdoor furniture might also be misused or vandalized, leading to additional maintenance costs and potential disputes among tenants. If this happens often, the building likely isn’t a good match for outdoor furniture.
It’s good to think about and communicate your expectations for the furniture, and at what point you’d decide to remove the furniture entirely if it doesn’t work out.
Weather-Related Damage
Outdoor furniture is exposed to the elements, which can cause damage and require replacements.
You should have a plan and guidelines in place for what should be done with the furniture in different seasons, especially if it would be perishable in winter or the rainy season. This can prove useful regardless of who is providing the furniture.
Property managers can coordinate regular cleaning schedules and prompt repairs, which helps maintain the aesthetic appeal and functionality of the space.
Legal Considerations
Landlords and property managers in Windsor, Ontario, must carefully consider the legal implications of allowing outdoor seating:
Accessibility Requirements
There is no specific provincial legislation directly addressing outdoor seating accessibility in Ontario, but general accessibility laws such as the Accessibility for Ontarians with Disabilities Act (AODA) do come into play.
Some general considerations include:
- Clear and accessible pathways: Outdoor seating areas must be reachable via clear paths free of obstacles (AODA Standard 1).
- Accessible seating: Provide seating options suitable for people with various mobility needs. This might involve different seat heights or removable armrests (AODA Standard 4).
- Safe surfaces: Outdoor seating areas must have stable and non-slip surfaces (AODA Standard 5).
- Adequate lighting: Sufficient lighting is essential for safe access to and from outdoor seating areas, especially at night (AODA Standard 6).
- Weather protection: Consider providing shelter from weather elements for individuals with mobility challenges (AODA Standard 5).
This may sound like a lot, but you’ll already be required to meet most of these on your properties anyway. If you’re struggling, a property manager can help you sift through everything and give peace of mind.
Fire Safety Regulations
If outdoor seating areas involve any fire-related activities, like grills or fire pits, strict adherence to these regulations is mandatory. This includes factors like the type of equipment allowed, its placement, and proper disposal of ashes.
The Windsor Fire Department has specific regulations regarding fire safety, and the provincial government has Ontario-wide rules and permit requirements for outdoor fires.
Zoning and Licensing
Landlords and property managers should be aware of any potential zoning restrictions or licensing requirements for outdoor seating. Permits or licenses might be required for outdoor seating depending on how your property is zoned; and there could be restrictions on the size, location, and type of outdoor furniture allowed.
In Windsor, Ontario the Planning & Building Services Department is responsible for regulating land use and may have specific zoning bylaws related to outdoor seating, depending on your area.
Homeowners Association (HOA) Rules
If applicable, check for any HOA rules that might affect outdoor seating options and ensure compliance with these regulations. For condominium properties, the Condominium Corporation’s bylaws govern the use of balconies and common areas.
Landlords and property managers must ensure that any outdoor seating arrangements comply with these rules.
Making the Right Choice
Ultimately, deciding whether to permit outdoor seating at your apartment buildings involves considering a range of factors.
Assessing Tenant Needs and Preferences
Landlords and property managers should take their tenants’ needs and preferences into account — there’s no point in adding outdoor seating nobody will want or use.
A property manager can help with conducting surveys or holding meetings with tenants to provide valuable insights into their desires. Whether it’s outdoor seating or not, providing a feature that aligns with tenant needs can enhance satisfaction and building appeal.
Evaluating Safety and Legal Considerations
It’s crucial to evaluate any potential safety issues and legal considerations to ensure compliance with regulations and minimize risks. Adhering to local fire safety regulations, accessibility standards, and zoning bylaws is crucial.
Establishing Guidelines and Policies
If you decide to permit or provide outdoor seating, establishing clear guidelines so tenants know what to expect can be beneficial. This might include rules for acceptable noise levels, maintenance responsibilities, and any restrictions on the types of furniture or equipment that can be used.
By setting clear expectations, you can ensure that outdoor seating remains a positive feature of your property.
Cost-Benefit Analysis
Conduct a thorough cost-benefit analysis to determine if the potential benefits outweigh the costs and challenges associated with providing outdoor seating.
Consider the expenses of purchasing furniture, potential maintenance costs, and any necessary property modifications. Compare these costs to the potential benefits, such as increased tenant satisfaction, property value, and attractiveness to potential renters.
Practical Tips for Outside Furniture
Once you decide to allow or provide outdoor seating, consider the following tips for successful implementation:
- Selecting Appropriate Furniture: Durable, weather-resistant furniture is best, something that can withstand outdoor conditions and require minimal maintenance.
- Designating Seating Areas: Designate specific areas for the placement of outdoor seating to manage space efficiently and minimize potential disruptions to other tenants. Nobody wants a dining table in the driveway.
- Ensuring Regular Maintenance: Implement a regular maintenance schedule to keep outdoor areas clean and furniture in good condition. Consider adding it to the formal responsibilities of your current staff.
- Creating a Reservation System: If you’re the one providing outdoor seating and demand is high, consider creating a reservation system to ensure fair access for all tenants.
Conclusion
Outdoor seating can enhance tenant satisfaction and property value, but it also comes with challenges. It’s important to use your best judgement when deciding to allow or even provide outdoor furniture.
By carefully considering tenant needs, safety, legal requirements, and implementing clear guidelines, you can make an informed decision that benefits your property and residents. Engaging a property manager can significantly ease this process, allowing you to get the benefits of outdoor seating without the extra work.
Property managers can help assess the feasibility of outdoor seating, ensure compliance with regulations, and establish maintenance routines that keep the outdoor areas attractive and functional.
