Your Rights as a Condo Owner
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.
———————————————————————————