Toronto Condo and Real Estate Blog

by Denise Lash

I attended a recent annual general meeting of a condominium corporation, and an owner raised the following question: The board of directors seems to be making all the decisions on behalf of the owners. What are owners allowed to vote for?

Owners elect directors to make specific decisions and carry out duties on behalf of the owners. Only certain matters require owners’ approval and these are set out in the Condominium Act.

Here are the more common matters that require a vote or the consent of the owners:

* approval of the minutes of owners meetings
* appointment or removal of an auditor
* approval and/or amendment of bylaws
* amendment of a declaration or description
* amendment or repealing of rules
* approval of substantial changes in services, assets, or common elements
* election of directors

Owners can also requisition a meeting to vote for the following:

* removal of directors and election to fill vacant positions created by the removals
* opposition of a change proposed by the corporation to a service, asset, or common element in which notice was given to the owners
* approval of a rule that was proposed by the corporation in which notice of the rule was given to the owners

Oftentimes owners are under the impression that they have the right to approve the budgets and financial statements of the corporation. The Condominium Act is clear on this point and gives this authority to the directors of a condominium corporation without requiring the owners’ approval.

Remember that the directors have been elected by the owners, and these directors should be acting in the interests of the corporation. The general operation of the condo corporation is managed by the board of directors and the day-to-day management functions are usually carried out by property management for the corporation.

Denise Lash is a condominium lawyer with Miller Thomson LLP and the host of the television program MondoCondo. Don’t miss the launch of MondoCondo beginning September 16 on Global, CH, and Prime. Watch Denise tackle every aspect of condo life. Check local listings or visit www.torontocondoshow.com for details.

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by Andy DeSantis

It’s no secret that Torontonians, and Canadians in general, have become increasingly aware of the health and wellness considerations of daily life. What may be surprising, however, is the haste with which home builders have acted to satisfy these considerations. Now more then ever, builders are taking steps to make your residence a healthier place to live.

Minto Developments is among the most successful pioneers on the health and wellness front. Its motto, “thinking green… living greener,” accurately describes its commitment to building condos that take into account the well-being of both the individual and the environment.

Minto’s newest buildings are designed to following its green initiatives and are resource friendly. The innovative systems ensure extremely efficient use of water and energy, with an end result of minimal environmental impact. This impact should be an important consideration in any new home purchase—after all, a healthy person should live in a healthy environment.

Andrew Pride, vice-president of Minto, explained why its designs are actually better for your health. “Our condos use a heat recovery ventilator (HRV) to ensure fresh air circulates throughout every room. This is opposed to a normal condominium, which will just push fresh air into the corridor,” he said. As a result, residents of a Minto condominium can enjoy a vast improvement in air quality.

Pride was also quick to mention Radiance @ MintoGardens, a Yonge and Sheppard condo built according to the aforementioned principles. Radiance is a pragmatic and successful example of what the company has to offer.

Minto’s commitment to health and wellness extends beyond the environmentally friendly design of its buildings. Going above and beyond standard condos, Minto also offers fitness classes with specially trained instructors to ensure all residents have the resources and motivation necessary to lead a healthy and active life.

Condo builders are not the only ones to act on the increasing public concern for health and wellness. National Homes has also increased the availability of fitness resources to its clients. “We are now beginning to offer strategically designed rooms, which are built into the homes’ construction model, and are specifically made to allow for optimal storage of exercise equipment,” Mary Marello, marketing manager of National Homes, explained. These rooms are efficiently engineered to place a minimal burden on the layout of the home, so residents don’t need to compromise their design plans to accommodate fitness needs.

Keeping with its proactive approach to home fitness, National recently struck a partnership with Tranz4m (pronounced “transform”), a fitness company founded by former Olympians Mark McCoy and Donovan Bailey.

“We offer our homebuyers three different personal training packages, which scale in quality from basic to high. The basic package will include 10 free personal training sessions, while the high-end package comes with 30,” Marello explained. Also included are nutrition and lifestyle assessments, as well as an introduction to some of Tranz4m’s revolutionary personal training principles.

A health and wellness revolution is certainly upon us, and home builders are making it harder for clients to dismiss its importance in their daily lives. The early success of these builders suggests that it won’t be long before health and fitness resources become one of the more important considerations in the home purchasing process.

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by Denise Lash

In the same way a chameleon changes colour to suit its surroundings, a well-thought-out condo purchase will adapt to its owner’s changing circumstances. A realistic assessment of your needs, a modest amount of investigation and planning, and a bit of luck are all that are required to make your condo a multi-purpose living space and a sound investment for years to come.

My friend’s son recently started university in Toronto. Faced with the realization that his rent was going to form a substantial part of his bill, she bought a two-bedroom condominium for him. The “rent” he pays is just enough to cover the mortgage and monthly common expenses, but is still below market rates. He can put his savings towards other expenses and she can use the rent to pay down the condo, effectively keeping the money in the family. As her other children graduate and enter the workforce, the condo may see double duty as an affordable first home for them.

The choice of the unit was made with an eye to her own future. She hopes to travel in her retirement and the condo will give her the security and peace of mind to remain absent for extended periods. My friend is also realistic. She loves her current home, but knows there will come a time when it will be too much for her to handle. At that point, with the nest empty, she can downsize into the condo. In the years in between, she plans to rent the condo and use that income to pay down the mortgage.

What factors should you look for if you’re considering this strategy? First, since you’re in for the long haul, look for a unit built by a reputable developer. Speak to other owners and search the Internet. And don’t overlook the obvious: examine the construction materials and finishings in the unit. You don’t have to be an expert to recognize quality at this level.

Next, look for an active board of directors and management. Are the grounds and common facilities maintained? Is the parking garage in disrepair? Regular and attentive maintenance can prevent owners from being faced with potentially crippling special assessments to carry out major structural repairs down the road. Consult with your lawyer or agent to ensure that the condo’s rules and regulations will be appropriate for your needs.

You also require a building that will suit your needs and those of your children over time. If you plan to live in the unit in your retirement, you may place a premium on a building that offers guest suites and has adequate guest parking. Is having handicap access likely to be an issue for you in the future? You may also want to have 24-hour security and indoor parking.

Another factor you need to consider is location. If the condo is going to serve as student housing for your children, proximity to the college or university is important. Try to get a sense of the local community. Is the character of the area likely to remain the same or is it changing? If you are counting on an unobstructed view from your balcony, avoid purchasing in a building where other properties in the immediate vicinity are likely to be developed.

Of course, life doesn’t always go according to plan, so be realistic about whether you want the financial commitment of a second home. You also have to be prepared to take on the time-consuming duties of a landlord—or pay someone else to perform that role for you. But a condo can offer many years of varied use to all members of your family.

Denise Lash is a condominium lawyer at Miller Thomson LLP and host of the television show MondoCondo.

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Contact the Jeffrey Team for more information