Tag Archives: condo directors
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.
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.
Incoming search terms
- Condo living is not for everyone Whatever the reason - convenience, location or facilities - it's...
- Unique Challenges For Toronto Condo Buyers In A Booming Market A checklist for Toronto condo purchasers Kathleen Waters, Vice-President, TitlePLUS...
- Toronto Condo Owners Beware Of Special Assessments The sad truth is that sometimes scary things happen in...
- How condo owners can claim the Home Renovation Tax Credit If the term "Home Renovation Tax Credit" brings to mind...
- Push on to revamp the Condo Act Trinity-Spadina MPP Rosario Marchese is leading the charge to update...