Little owners can do to increase size of condo board
Gerry Hyman – Toronto Star
Q: Many owners favour increasing our board from three to five directors and it was discussed at a recent owners’ information meeting. Two of the three directors voted against the increase at their next board meeting. What can owners do to have the owners vote on a bylaw amendment to increase the size of the board?
A: Bylaws, including those amending previous bylaws, are passed by resolution of the board and must then be approved by an affirmative vote of owners of a majority of the units. Owners cannot initiate a bylaw or requisition an owners’ meeting to have a vote for the purpose of requiring the board to pass a bylaw.
If a large number of owners are in favour of increasing the size of the board, directors rejecting that change may have difficulty getting re-elected when their terms expire.
Q: The end-suite windows in our 35-year-old high-rise building are so weather beaten that both drafts and insects are getting into the suites. A contractor advised that the window frames should be replaced immediately. The board has taken the position that the amount specified in the reserve fund study for window replacement has been reached and no further replacements will be carried out. Our declaration provides that windows are common elements and that window maintenance and repairs are the responsibility of the corporation. There is plenty of money in our reserve fund. Can the board refuse to carry out the work?
A: The corporation is required under the Condominium Act to carry out common element repairs. Repairs must be done whenever they are required. A board cannot refuse to carry out necessary repairs because the reserve fund study suggests that the repairs will not be required until a later date or because the study estimates a cost that turns out to be too low. The work must be done even if there is not enough money in the reserve fund and a special assessment of owners is required.
Q: I am about to buy a resale condominium unit. What is included in the condo fees? What “gotchas” should I be aware of?
A: Condo fees are each owner’s share of the common expenses of a condominium corporation. The Condominium Act defines common expenses as “the expenses related to the performance of the objects and duties of a corporation and all expenses specified as common expenses in this Act or in a declaration.” In other words, all expenses properly incurred by the corporation are common expenses.
The board prepares a budget for each fiscal year of the corporation setting out the amount of the estimated common expenses. Each owner’s monthly contribution will be determined by multiplying that amount by the owner’s common expense percentage as set out in a schedule to the declaration and dividing by twelve.
The status certificate for the unit you are purchasing will specify the amount of the monthly common expense contribution for the unit and whether the owner is in default. It will also specify whether since the last budget the board has declared any common expense increase or any assessments to increase the reserve fund and whether the board is aware of circumstances that will necessitate an increase in the common expenses or will require a special assessment.
The corporation will be bound by the information in the status certificate that you receive.
Lawyer Gerry Hyman is an expert in condominium law and appears Saturdays in New in Homes & Condos.
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Contact the Jeffrey Team for more information - 416-388-1960
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I will let you know about my experience and what we are doing to improve the situation?
Just to let everyone know that there are many issues in Condo’s and condo owners must work together to protect their investment. The current condo act was last revised in 1998 and since then over millions of people have moved into the condos in Ontario. Many condos are ageing and needs repair work. When city orders to fix something in your condo then you have to carry on the repair. Regardless if your condo have enough money in the reserve funds or not. If you don’t have enough money in the reserve then you will have to borrow money from the bank. If the bank denies which happened in our case then you will have to borrow money from the loan sharks with high interest and which we did. The best solution is to do an assessment and let the owner pay lump sum for couple of years to pay for the repairs. Always, if you have to do any large repairs and don’t have enough money then spread the task over few years. Always always be self reliant and try not to borrow. The worst case is to go with the loan sharks because you will be paying interest for lot more years and which we did, lucky us. As you can see we have taken all the wrong steps. We were forced into this by our dysfunctional board members and previous corrupt condo management company and condo owners who stays in sleep until it starts to hurt their pockets. We had to repair garage which was the high priority task but our board and management decides to repair any thing that came their way such as the balcony, elevator, exterior, carpets and guess what it was replaced twice and the carpet cost for 21 floors over 350 thousands, our balcony cost over 2.5 millions, and garage work unfinished. All the work they have done was as huge mystery to us because we were never disclosed any information at that time about the companies who were in the bidding process. Then we had to get another loan because first loan wasn’t enough to cover the cost. The first loan was completely mismanaged by the board and the management company. The point I am trying to address is that corrupt management will do anything to make money out of commission and they will even forge proxies if they have to. In every contract, the management company is some how making profit. I won’t say all management companies are bad but there are some very bad ones.
What to do for management company?
Check if they are members of ACMO, check reference from few condos, check they have liability insurance for over few millions of dollars, create a bylaw where it says that if the management spend over $5000 dollars they will need to inform the condo owners, and condo owners must be proactive. At the end the whole condo is your home not just the unit you own and you all must protect it.
What can condo owners do for board members?
Have at least 5 board members not 3. Make sure these board members gets a weekend workshop from CCI on how to act as a board members. Is because boards are volunteer work don’t just give the responsibility to any one who happens to own an unit. Make sure this board members that you are electing have some skills and want to do this job. Ask the candidates to present them self in front of the audience and why they should be elected. Create a bylaw for the board-members so they hold meeting every other month to inform homeowners of what is going on in the building. Any events the board-members have to inform the condo owners regardless it’s a good news or bad news.
What can you do to make sure the board-members are doing the job?
Create a social committee within your condo. Have you social committee formally recognized by the board-members. Get your condo owners involve in activities in social gathering and talk about issues. If you see something rise up then forward them to the board-members. Be proactive. Don’t think, is because you bought a condo then you won’t have to cut grass any more.
What steps we are taking to bring our corporation financial health back to normal?
We hired a lawyer, fought with the board-members and appointed an administrator. We have faced with many issues in the past and now we have an court appointed administrator Jim Bezmer who is doing a fine job so far. One day he won’t be here after our corporation financial health becomes stable and history might repeat again. We are trying to change the condo act because the current condo act does not protect the condo owners. It protects the condo corporation and board-members. When you have a dysfunctional board-members and you try to remove them through requisition letters, some how you will be denied by your corporation lawyer. At the end you will get frustrated and hire a lawyer of your own. Your lawyer and corporation lawyer will fight and depletes your and your corporation resource. Who wins, the lawyers. We are trying to change all that, how? We are trying to pass bill 79 which is in it’s 3rd reading. When that bill gets passed, you will have someone to look up to when in trouble with your dysfunctional board-members. We have done protest right on Queens park downtown Toronto to bring the bill 79 to this stage. Many condos are in or will be in similar situation as we were in. And we the condo owners must rise up to stop the bleeding. Call up your local City Councillors, MP, MPPs, if you want to find out who to call in your area and what events are taking place in order to pass bill 79 go to https://www.howtocondo.com/login.php?info_events=TRUE. Also we have under taken an initiative to connect with other condo owners, who can share their experience in the condo networking site http://www.howtocondo.com. We want to protect our investment and we can do that only if there are laws to protect them. We are volunteering the effort to inform other condo owners regarding the condo issues. Together we can fix them.
How can you help?
Call you local political leaders and tell them why they should support this bill 79. Join our network at http://www.howtocondo.com so we the condo owners become stronger. Inform us regarding your condo experience and we will provide you with advice, if not some one from the http://www.howtocondo.com will inform you. Don’t let any one take advantage of your investment. Together we will make our government listen. http://www.howtocondo.com is ran by volunteered condo owners and it’s free to use and not for profit site.
At the end, I would like to reiterate that I am not trying to scare anyone from buying a condo but doing my role as an active member of the society that there are condo issues exist and we must fix it before it escalate into something worse. The condo is the most affordable and logical investment when you are planning to live in the city. Be active, voice your concern, and protect your investment.
Thanks,
Golam
416 565 2130
http://www.howtocondo.com
howtocondo@gmail.com
236 Albion Rd
Etobicoke Ontario
Canada
I have heard of CAP but I haven’t dealt with them either. There are a few companies that will review condo docs fro buyers. They can be a very good investment for the future condo owner.
I know how you feel about the doubling of condo fees. Special assessments seem to be popping up a lot lately too. Buyer’s really need to be fully aware of the condo’s financial situation before finalizing their purchase or they could run into some really expensive suprises.