Ask an "Expert"
On this page you will find important and pertinent questions and/or columns from condominium owners and answers by experts presently active in the industry in Ontario. The questions, answers and/or columns are selected directly from the Saturday Toronto Star’s HOMES & CONDOS section and other reliable sources.
---------------- PARKING
Q1: Each of the townhouse units in our complex has a designated parking spot but some owners with two cars continue to use visitor parking spaces. What can we do?
A: Each offending resident might be advised that if he or she continues to park in the visitors parking the matter will be referred to the corporation's lawyer.
If necessary, the lawyer could advise the resident that the corporation will commence a court application for a compliance order under section 134 of the Condominium Act.
The application will request that the court to prohibit the improper parking and to order that the unit owner reimburse the corporation for costs incurred in bringing the court application. The cost will be added to the owner's common expenses and if not paid on a date specified, the corporation will have a lien for the cost against the owner's unit.
A recent court of appeal case has clarified that if a court makes an order of costs against a unit owner or occupant, the corporation is entitled to add to the unit owner's common expenses all of the corporation's legal costs properly incurred in obtaining the order, notwithstanding that those costs exceed the amount awarded by the court.
The act provides that if there is a disagreement between an owner and a condo corporation, Section 134 is not to be used unless the mediation and arbitration procedures required by the act have failed to produce compliance.
Those procedures do not seem appropriate if there is clear breach of a declaration requirement or a rule such as an owner parking in a visitor's parking area.
If the owner doesn't dispute the existence of the parking prohibition or deny that the offending car is his, there wouldn't appear to be a disagreement as contemplated by the act and mediation and arbitration would not be necessary.
A court has not yet made a determination as to what constitutes a disagreement, and courts have not continued to issue section 134 compliance orders in regard to breaches of the declaration or rules.
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- Condo Law, Toronto Star. June 18, 2005
Q2: Each of our townhouse units has two parking places - one in the garage and one in the driveway. Nonetheless, it is not uncommon for one-third of our visitor parking spaces to be occupied by unit owners and tenants. Is such parking illegal? Is the board obligated to take steps to end the practice?
A: Declarations or rules or both invariably prohibit owners or residents from parking in visitor parking spaces.
The board is obligated to enforce the declaration and rules and should leave notices on the offending vehicles and otherwise contact the owners.
Towing should likely be avoided. It is restricted under the bylaws of some municipalities and towing companies are often reluctant to tow cars from condominium property.
The corporation's lawyer could write to stubborn offenders warning that the corporation will make a court application for compliance under the Condominium Act.
The letter will likely point out that upon the court ordering the offender to pay costs to the corporation, all of the corporation's legal cost will be added to the common expense contribution for the offender's unit and if not paid by a date specified by the corporation, it will have a lien against the unit.
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- Condos> Law, Toronto Star. November 10, 2007
---------------- BOARD DIRECTORS
Q3: Who can be a condominium corporation director?
A: Any person can be a director of a condominium corporation unless he or she is under the age of 18, is an undischarged bankrupt or is mentally incompetent.
This means that the person need not be an owner or occupant of a unit in the condominium.
For example, someone who lives elsewhere could be elected a director, "because he or she has experience that might be helpful," according to lawyer Gerald D. Hyman.
"The only other requirement," he adds, " is that a person who is elected as a director must either be present at the meeting at which he or she was elected, and not refuse at the meeting to act as a director, (or) if not present at the meeting, that person must consent to act as a director in writing either before being elected or within 10 days after the election."
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- Condo Living - Toronto Star, November 14, 2003
Q4: I want to know more about my condominium board's day-to-day operations, future plans and investments. Do I have the right to attend board meetings as an observer?
A: No person other than a director is entitled to attend a board meeting unless invited. The invitation may be for attendance for a limited time at the beginning of board meetings to raise any issues an owner may have.
An invited owner is not entitled to be present when the board discusses matters that are excluded from an owner's right to examine the corporation's records. The exclusions as set in the Condominium Act are records relating to employee of the corporation except for employment contracts or relating to actual or pending litigations or insurance investigations involving the corporation or relating to other owners or units.
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- Gerry Hyman, Condo Law - Toronto Star, October 9, 2010
---------------- WINDOWS
Q5: I live in a townhouse complex. Starting last spring, I had problems opening the sliding windows in my second-floor bedrooms. I wrote a letter to the board and, in July, the president and a contractor came to my house.
The contractor checked and found that, over the years, the windows had shifted. She explained how the problem could be rectified.
Since I had heard nothing, I asked the president and was told the board had checked the townhouses in the area (not in the same complex) and found their corporations do not repair windows.
The president said the problem was up to me to fix and pay for. I was under the impression that windows are part of the common elements. Professional window cleaners clean them every year.
If the problem is left up to the board and its discretion, where does it leave me? I would appreciate if you could clarify this.
A: Maintenance and repair obligations vary from condominium to condominium.
The first thing that you should do is review your condominium corporation's declaration to determine what portions of your townhouse are legally defined as part of the unit. If the windows are part of the unit, then unless there is something in the declaration (or in the bylaws of the condominium corporation) that shifts that duty to the corporation, you are responsible for the maintenance of your unit and the windows.
But if the window is defined as a common element, then the corporation is responsible for maintaining the window, unless the declaration shifts that responsibility to the unit owner.
In certain instants, portions of the window may be considered common elements and certain parts may be part of the unit.
It is important that this is determined for you to know what your obligations are. You may want to get the assistance of a lawyer with condominium law expertise.
These matters should not be left to the discretion of board of directors. If the windows are common elements, then the board of directors has the duty to maintain them.
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- Condo Living - Toronto Star, October 18, 2003
---------------- RESERVE FUND STUDY
Q6: Who is qualified under the Condominium Act to do a Reserve Fund Study in Ontario?
A: A reserve fund study will assist the board in determining how much should be put into the reserve fund on an annual basis. It essentially estimates what the future common elements expenditures will be for the next 30 years.
Based upon this and the current amount in the reserve fund, contribution scenarios can be developed by the consultant to ensure there are adequate funds when the expenditures are expected. The Condominium Act is quite specific in terms of who is permitted to undertake these studies. These are:
• Members of the Appraisal Institute of Canada
• Holders of a certificate of practice within the meaning of the Architects Act.
• Certified Engineering Technologists; Architectural Technologists.
• Holders of a CRP designation; holders of a certificate of authorization within the meaning of the Professional Engineers Act.
• Quality Surveyors.
• Graduates of Ryerson Polytechnic University with a Bachelor of Technology (Architectural Science), building science, or architecture option.
Notwithstanding the above, there are regulations on who cannot prepare the study. This includes members of the board, the condominium's property manager, relatives of board members, and an owner or resident in the condo.
In addition, the person or company being considered cannot have any direct or indirect interest in a contract or proposed contract with any board member outside of his or her capacity as a board member.
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- Condo Living - Toronto Star, November 1, 2003
---------------- ENFORCEMENT OF RULES
Q7: We are having trouble getting our property manager to enforce one of our rules, namely that nothing can be attached to the common element balcony. We have an owner who rents out his unit on the top floor. The tenant has installed a satellite dish on the outside of the balcony. We have asked the property manager on many occasions to enforce the rule. She sent a strong letter to the owner advising him to have his tenant remove the disk but to no avail. What steps can we take now?
A: The Condominium Act provides the steps your board needs to follow to enforce the rules. The property manager is hired to take care of day-to-day tasks of running the corporation, but the ultimate responsibility for ensuring enforcement of rules rest with the elected board.
A new feature in the Condo Act is mandatory mediation and arbitration to settle particular disputes. The first step is non-binding arbitration. The next step is arbitration, which would result in a binding decision. Details on the process are in Part IX, Sections 131 to 137.
The board cannot leave the matter in the property manager's hands if the resident refuses to comply. It must take all steps necessary to enforce the rules. If the property manager's letters have had no effect, the board should contact the corporation's lawyer to find out the next step in the process.
t is possible that a letter from the lawyer will end the problem. The lawyer may recommend having the offending satellite dish removed with the cost being passed on to the unit owner.
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- Condo Living - Toronto Star, January 31, 2004
Q8: What is the difference between "policy" and "rules"? I can't find a reference to policy in the Condominium Act.
A: The act provides that a board to prevent unreasonable interference with the owners or property and assets of the corporation or to promote their safety, security, or welfare may pass rules. Rules are passed by the board and then sent to the owners with a notice that advises that owners of 15 percent of the units may requisition an owner's meeting to vote on the rule(s).
Rules are enforceable by the board provided that they are reasonable and consistent with the Condominium Act, the declaration, and bylaws. The courts have ruled that they will not lightly interfere with rules passed by a corporation.
A policy, on the other hand, is simply a determination by the board on how things should be done. It has no status under the act and cannot replace a rule and is not enforceable. A policy may, in some circumstances, be useful. A rule, for example, may provide that the board must approve, in its discretion, certain unit alterations. The board may have developed a policy relating to the factors it will consider in determining whether approval should be given.
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- Condo Living - Toronto Star, Saturday, October 30, 2005. P13
---------------- BORROWING MONEY
Q9: The Condominium Act allows a board to borrow the funds when a special assessment is needed. Can owners request the board to borrow the money from a financial institution instead of assessing each owner? Who makes the final decision, the owners voting at a special meeting or the directors?
A: Section 27 of the Condominium Act states that the board of directors "shall manage the affairs of the corporation.
The determination of whether to levy a special assessment or ask the owners to approve borrowing funds would be within the board's authority.
The bylaws for the corporation will also contain a list of the powers of the board of directors, which should include some reference for making financial decisions on behalf of the condo.
The board does not need the consent of the homeowners to levy a special assessment, although it does need approval of the unit owners before borrowing funds.
The Act stipulates if a corporation wishes to borrow funds, it can only do so if authorized by a bylaw first and then submitted to the owners for approval at an owners' meeting.
A majority of all the units in the complex must vote in favour of it.
Some of the hardest decisions a condo board makes are those relating to increases in common expenses and/or special assessments. A great deal of thought and planning goes into such decisions. Remember, those directors also have to pay the special assessment.
If a sufficient number of owners do not believe the board is acting in the best interests of a condo community, they have the authority under Section 46 (3) to remove board members from office before their terms would normally expire.
This is an extremely drastic measure and the Act requires that in order for such a motion to be successful, owners representing at least a majority of all the units in the complex must agree to it.
Even if such an attempt is successful - and they rarely are - the result is often a divided community that makes take years to heal.
Any owner concerned with an action of the board should communicate that concern in writing or ask to attend a board meeting.
Constructive dialogue on issues of comment concerns is the sign of a healthy condominium community.
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- Condo Living - Toronto Star. February 28, 2004
---------------- VOLUNTEERS
Q10: To keep costs down, the board of directors at our condominium has asked for volunteers to carry on maintenance tasks such as caulking windows, cleaning the eaves and exterior painting.
These tasks often involve climbing ladders, which could result in a serious accident.
Many organizations that make use of volunteers carry insurance for accidental injury, but the condominium corporation doesn't seem to think it necessary.
Could our corporation be found liable if a resident was injured while volunteering to do some of the maintenance tasks?
A: If the board of directors uses volunteers to carry out maintenance task, several things must be considered. First, the board of directors may wish to obtain an accident policy on behalf of the volunteers. Volunteers are not covered by workers' compensation or disability benefits. They are also not protected for accidental injury under the corporation insurance policy.
Consideration must also be given to legal liability. If a volunteer injures a third party or damages property, he or she may become personally responsible for damages.
If the board wants to protect these volunteers under the liability section of the corporation's insurance policy, the board must specifically request that these volunteers be added as additional insured.
Insurance companies may or may not grant this request, depending on the nature of the work the volunteers are carrying out. Usually, the insurers will only consider work of an extremely minor nature.
From an insurance point of view, it is considered preferable that residential condominium corporations obtain the services of qualified, fully insured, independent contractors.
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- Condo Living - Toronto Star. May 1, 2004
---------------- ANNUAL GENERAL MEETING
Q11: Our condo corporation has just over 40 units. It has been almost two years since the last board of directors has called an annual meeting.
Last year the directors gave the excuse that they did not have the books from the previous property manager, who had been replaced. The reason for the replacement was never explained.
A couple of months ago, the monthly assessments were raised without membership approval or consideration.
How does one go about encouraging the board of directors to call an annual meeting?
A: You letter has two concerns: the lack of annual meetings and the raising of monthly common expenses without explanation or approval.
Both concerns stem from a single problem.
The lines of communication between the board of directors and the owners have broken down. The board of directors should be fixing this problem, but if it doesn't, then the owner can resolve it.
The board of directors of a condominium must act in accordance to the Condominium Act of Ontario.
By not calling a meeting of owners in two years, it is not complying with the requirements of the act.
The board of directors must hold a meeting of owners not more than three months after the registration of the condominium corporation's declaration and description, and then again within six months of the end of each fiscal year of the corporation.
This requirement is found in Section 45 (2). The board is, of course, free to call other meetings of owners for particular issues as well.
The board is not meeting its obligations to the owners and this must be addressed.
The owners can call a meeting by following the procedure set out in the act. It requires a written requisition for a meeting signed by owners of at least 15% of the units.
It is advisable to contact the condominium's lawyer to follow this procedure, as it is important that it is done correctly.
If the owners want to remove one or more directors at the meeting, then this must be specified in the requisition for the meeting.
The owners are upset that the common expenses were raise without consultation, but it should be noted that the budget for the corporation does not require a vote of approval by the owners.
The board is elected to run the corporation, and making an accurate and adequate budget is part of its job.
The owners are entitled to see the minutes of the directors' meetings, and this may be necessary to find out what is going on.
The guidance of a lawyer with condo experience and the co-operative effort of concerned owners can get your condominium back on track in a very short time.
It may mean replacing the board of directors and it will certainly mean a much greater effort at improving communication between owners and the board, but it can and should be done quickly.
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- Condo Living, Toronto Star. May 1, 2004
---------------- ELECTION OF DIRECTORS
Q12: At the annual general meeting the new board members are elected. Can people be nominated at the meeting from the floor or do they need to be nominated in advance and identified prior to the meeting?
A: The Condominium Act has some provisions about the nomination and election of directors, but gives each corporation the ability to pass bylaws concerning these issues as well. For example, the Act specifies that the owners must be given the names of the people who have been nominated along with notice of the meeting. This applies to all people who have been nominated up until four days before the notice is sent out. Since owners must be given 20 days' notice, this means a person would have to be nominated almost a month before the meeting to be identified along with the notice. People are often nominated from the floor of the meeting at condominiums and the Act simply requires that they give their consent to being nominated and elected if they are not at the meeting. If they are in attendance, consent is implied.
The Act does not restrict nominations except to give very basic qualifications. For example, the Act does not require a director to be an owner, although many condominium corporations include that requirement in their bylaws.
You will need to take a look at your own corporation's bylaws to find out about the nomination and elections process there.
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- Condo Living, Toronto Star. June 5, 2004
Q13: Owners appointed me as proxy for the most recent annual general meeting on the understanding that I would be able to vote on their behalf in regard to any matter at the meeting including the election of directors.
The condominium manager that under the Condominium Act the proxy documents I received could only be used to vote for candidates named in those documents advised me, however.
That means that I could not vote for persons nominated at the meeting even though the unit owners who appointed me as proxy had no way of knowing that those persons were candidates. What must owners do to authorize their proxy to vote for candidates as the proxy sees fit?
A: Many owners have raised this issue but there is nothing that can be done.
The Condominium Act specifies that an instrument appointing a proxy for a meeting of owners must state the name of directors for whom the proxy is to vote.
The requirement was inserted in the current Act due to a concern that boards had been collecting proxies enabling the directors to re-elect themselves even if a majority of owners at an owners' meeting favoured other candidates.
An owner who does not plan on attending the annual general meeting may vote in advance of the meeting by specifying one or more candidates in a proxy instrument.
The owner cannot, however, authorize the proxy to vote as the proxy sees fit.
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- Condo Living - Toronto Star. April 30, 2005, P13
Q14: The Condominium Act requires one director to be elected by owners who occupy their units. At our last annual meeting, no one was nominated for the owner-occupied position and as a result that position remains empty. I understand that the directors may, but are not required, to fill a vacant position on the board if a quorum remains. Can the directors, however, appoint someone to fill the vacant owner-occupied position?
A: Yes. Provided there is a quorum the remaining directors may fill any vacancy on the board but only until the next annual meeting. A person elected by the owner-occupiers need not be an owner-occupier and the board may appoint anyone who is not under 18 years of age, mentally incompetent or an undischarged bankrupt, subject to any additional qualifications in the corporation's bylaws.
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- Condo Law, Toronto Star. June 17, 2006, P5
Q15: Three motions were introduced and passed at our last general meeting but the board has failed to comply with any of them. How long does the board have to comply?
A: Except for procedural matters, the only matters that may be voted upon at an owner's meetings are those for which a vote is specified in the notice of the meeting.
The reason is that owners must be advised of the matters to be voted upon in order that they may determine whether to attend the meeting in person or by proxy.
Votes not identified in the notice of the meeting do not bind the board.
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- Condo Law, Toronto Star. June 18, 2005, P6
Q16: The property manager tells me that I cannot examine the minutes of the annual meeting because they have not been approved. Approval will be done by the owners at the next annual meeting. The manager argues that until approved, the minutes belong to the recording secretary. Must I wait a year to examine the minutes?
A: Owners have the right to examine the minutes notwithstanding that they have not been presented to the next annual meeting for approval. There is no reason for disclosure to be withheld since the minutes will be distributed to owners in their unapproved form prior to the next annual meeting. The board could refer to the requirement for approval in the copy of the minutes provided for examination. (See Copies of Minutes for further discussion. FG)
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- Condo Living, Toronto Star. November 26, 2005, P7
---------------- INSURANCE
Q17: My condo corporation was recently advised that insurance premiums have increased due to last year's claims. Can an owner of a unit be compelled by condo regulations or other means to maintain insurance on a unit whether owned or rented?
The board advised me that our insurance policy now covers claims for damage to the common elements and for specific elements inside the units. Recently some units were damaged by fire. The owners and tenants did not maintain their own insurance but depended on the corporation's insurance. I was under the impression that this insurance was specific to common elements outside the unit.
This has resulted in an increase in condo fees. The board does not feel that it can force owners and tenants to have insurance, hence increasing the financial risk of those owners who maintain independent insurance over and above the condo insurance.
A: The condominium corporation must maintain insurance for damage to the units and common elements caused by major perils, and other perils identified in the declaration or bylaw of the corporation. This obligation does not include insuring the improvements made by owners to their own units, and the corporation's policy does not include the contents of the individual unit owners.
It is important for condominiums to have a standard unit bylaw, which defines the standard unit for insurance purposes. Owners should send a copy of this bylaw to their insurance brokers to make sure they have the necessary coverage.
While a condominium corporation cannot insist that owners carry their own insurance, the owners should be informed that the corporation's master policy does not cover their belongings or any upgrades to their units including those installed at the time of purchase. You suggest that the financial risk is higher for those owners who maintain their own insurance, but this is not really true. The master policy provides the same coverage for all unit owners; it is only the owners who do not carry their own insurance that are at risk financially.
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- Condo Living, Toronto Star. June 26, 2004
Q18: I am confused about insurance. The declaration provides that the corporation is to repair the common elements and the owners are to repair their units. Am I correct in thinking that the corporation's insurance does not cover unit damage and each owner must owner must unsure the owner's unit?
A: No. The corporation's insurance covers both the common elements and the unit except for unit improvements, which may be specified by the developer or in a bylaw. The corporation's insurer is not entitled to require the owner's insurer to share in any unit loss covered by the corporation's insurance.
• For more information on insurance, visit From the Property Manager on this site.
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- Condo Living, Toronto Star. March 11, 2006
Q19: I am an inexperienced board member and was appointed to fill a vacancy on the board due to a shortage of the "willing."
There could be a collapse of the board as three of the five board members are threatening to resign and there appears to be little or no interest in serving on the board amongst other owners, many of whom are "snowbirds.”
What alternative does the board have other than hiring an outside team of directors?
A: Bringing in an "outside team" is a possible, but questionable approach. Subject to any qualifications in a corporation's bylaws, anyone may be a director if at least 18 years of age, not an undischarged bankrupt or mentally incompetent.
Compensation could be offered to persons who are neither owners nor residents to serve as directors, provided a bylaw is passed fixing the amounts to be paid. The board and the owners of the majority of the units must pass the bylaw. The result will be a board comprised of persons who neither own units nor reside in the condo, have no first-hand knowledge of the condo, its history and problems and, most importantly, have no financial stake in maintaining the property value of the units.
What is the alternative? There really is none, other than making owners aware of the possible disastrous results if the board looses its quorum or parachutes in outsiders. Realization of the effect on the value of their units should result in owners stepping forward to provide the type of leadership necessary to protect their investments.
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- Condo Law, Toronto Star. April 30, 2005, P13
---------------- WORK DONE
Q20: This is regarding repairs to the windows in my condominium unit.
Last winter, I filled in a work request and left it with our building management office. Windows in my unit were leaking during rainstorms and damaging our walls and wallpaper.
After asking the manager many times about the work, we were told an engineer would look at it in the spring. Six months later, an engineer came to our unit and inspected and did some emergency sealing work after pressure tests.
The report stated that two widows had lost their double glazing seal and would need to be replaced. When I was in the office paying my monthly fees, I asked when the windows would be replaced.
The manager said she knew nothing about it and that it was a matter for the board of directors. She said to fill out another request.
The manager ordered the engineer's report to make sure the reports' recommendations are followed. I again asked the manager, who again gave the run-around by saying the board had to approve such work.
What can I do to get work done?
A: The board, in fact, does have to approve this type of work.
The property manager is hired by and acts on the direction of the board, which has a duty to manage the property.
Leaking windows is a problem that rest squarely on the board's shoulders.
Your first step is to put your complaint in writing to the board of directors.
Ask for a date when the windows will be repaired or replaced.
Waiting six months with a leaking window is too long. The board needs to take action now to correct the problem.
Directors should remember that they have an obligation to see that the property is properly maintained.
They should seek the advice of experts - as they have done in your case - and must act on the expert's report.
To be aware of a problem and then ignore it is taking a risk that no board should take, unless the directors don't mind being held personally liable for negligence.
If you do not get a satisfactory response from your letter to the board, ask the advice of an experienced condominium lawyer.
You may be able to seek mediation under Section 132 of the Condominium Act to remedy the situation or take the matter to the courts to force the board to do its job.
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- Condo Living, Toronto Star. August 28, 2004
Q21: We applied to the board for consent to remove a wall between our kitchen and the dining room in our townhouse unit. The board advised that we would have to enter into a section 98 agreement that would be registered against the title of our unit. Months have gone by and the board has yet to produce the agreement. Must we continue to wait for the board to act?
A: Section 98 of the Condominium Act requires board consent and an agreement for additions, alterations, or improvements by a unit owner to the common elements, not to a unit. There should be an examination of the declaration and rules, which may require the board's approval for structural and certain other unit alterations. Removal of a non-supporting wall is probably not structural and the board's consent may not be necessary.
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- Condos, Toronto Star. March 1, 2008, page CO7
---------------- SPECIAL ASSESSMENTS
Q22: Is there a limit to the number of special assessments that can be levied against the condo owner? In the past year my condo has levied three special assessments against us. I am concerned that this will become the norm because of the deficit in the operating budget every year. How can this be stopped?
Do I have any rights as an owner? I feel like I am at the mercy of the condo board. Is there a legal notification period for special assessments? We were given seven days' notice and the board opted for a one-time payment, which is something I did not budget for. What can I do?
A: There is no limit to the number of assessments a condo can have in a year, but having even one can reflect bad financial planning and management.
The Condominium Act requires the directors to run the corporation and to have adequate money in reserve for future repairs. If there us a shortfall, the board may have no choice but to levy a special assessment. Having several seems to indicate that your board is running things on a day-to-day basis, rather than doing the proper planning and budgeting.
A deficit budget each year is another indicator that your board needs to change the way it operates. Perhaps one or more of the board members should to take a course such as those offered by the Canadian Condominium Institute or an owner with financial expertise could run for election to the board.
In a way, you are at the mercy of the condo board, but remember that the owners elect the directors and they can remove and replace the owners as well.
Because the Condominium Act requires that all condominiums have a reserve fund study completed by this past May, many condos in Ontario are facing special assessments to make their corporation's reserve funds adequate.
The act does not have a minimum notice requirement, but your own corporation may have bylaws outlining the procedure for levying special assessment. A week does seem to be an unreasonably short time, but then homeowners who must repair something on an emergency basis often face the same time restrictions.
No board of directors wants to levy special assessment. Remember the directors, if owners themselves, also have to pay the assessment. The best way to levy a special assessment is to give the owners as much notice as possible and to hold a meeting of owners to provide information on why the assessment is needed and to allow them to ask questions. The board does not have to ask for a vote on a special assessment, as it has a duty to manage the property assets and this is part of that responsibility.
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- Condo Living, Toronto Star. September 25, 2004
Q23: My husband and I have lived in our unit for five years. Recently we were advised that the board intends to levy a special assessment of approximately $1,000 per unit to replace rooftop-heating units that cracked. Does the board have the right to levy an assessment that will cause us extreme financial hardship? Shouldn't it be subject to a vote by the unit owners? If we must pay, can we pay $100 per month or on some other installment plan?
A: If the replacement is necessary the board is obligated to carry it out and the unit owners are not entitled to vote on whether the work should be done.
The cost could be paid from the reserve fund, even if the reserve fund study had estimated that the heating unit would not requires replacement for several years.
If the reserve fund is insufficient or if it will be seriously depleted by the expenditure, the board may choose to levy a special assessment for all or part of the cost and, once again, the owners do not have a vote.
The method, by which the owners must pay the assessment, in a lump sum or in installments, is also a board decision.
If feasible, a board will usually spread the assessment over several months. Boards, in some cases, will borrow funds in order to avoid a special assessment. There are interest and other costs associated with a borrowing that will be reflected in increased common expense contributions.
The borrowing, however, will spread repayment over several years and cushion the blow to those owners who could be seriously impacted by a special assessment.
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- Condo Living-Condo Law - Toronto Star. April 7, 2007. R7
All Bylaws, Rules Must Comply with Condo Act
GERRY HYMAN, LLB
Toronto Star, Oct. 9, 2004
When it comes to condo law, the Condominium Act is king and all condo declarations, bylaws and rules must bow to its authority.
In today's column, we'll look at the declaration, bylaws and rules, their relationship to each other and to the Condominium Act, 1998, and how each is amended.
There is a hierarchy to those documents. Picture a pyramid with the act at the top and the declaration, bylaws and rules in descending order. Each must be consistent with the documents above. For example, rules cannot conflict with the bylaws, the declaration, or the act. The act stipulates that if any provision in the declaration or bylaws is inconsistent with the act, the act prevails and the declaration or bylaw provision is deemed to be amended. The act applies despite any agreement to the contrary.
A declaration must contain, among other items, a schedule of the common interest attached to each unit, a statement of the share of common expenses which must be paid by each unit owner and a specification of common elements which are for the exclusive use of owners of particular units. The declaration may also deal with other matters, including specifications of common expenses, duties of the corporation and the allocation of repair and maintenance obligations.
While the act requires bylaws and rules to be reasonable, there is no such requirement for a declaration. It is difficult to attack a provision in the declaration unless it can be shown that it is inconsistent with the Act. There have been instances, however, of courts refusing to enforce pet prohibitions in declarations on the basis that prohibiting a pet relied upon by a resident with a disability contravenes the Human Rights Code.
Errors or inconsistencies in the declaration may be corrected by an application to a judge or to the director of titles, depending on the nature of the error or inconsistency. Other amendments require that notice of the proposed amendment be sent to unit mortgagees whose names appear in the corporation's records and that written approval be obtained from the owners of 80 or 90 per cent of units, depending upon the provision being amended.
The board will approve the amendment by resolution and will then call an owners' meeting to consider the amendment. There will be no vote at the meeting, following which the board will attempt to obtain the necessary 80 or 90 per cent written approval from the unit owners.
Bylaws, which must be reasonable, deal with a range of matters listed in the act. Some of these relate to corporate administration, such as the composition of the board and election of directors. Among the other matters, which may be dealt with in bylaws, are the assessment and collection of common expense contributions, maintenance of units and common elements, management of the property, restriction of the use of common elements by persons who are not unit occupants and the establishment of occupancy standards. A corporation is prohibited from borrowing for expenditures not listed in its budget unless specifically authorized to do so in a bylaw.
A bylaw is passed by the board of directors but is not effective until the owners of a majority of the units vote in favour of confirming it, with or without variation, and until it is registered in the appropriate registry office. Bylaws can only be amended or repealed by the passage of new bylaws.
Rules must not only comply with the act, declaration and bylaws and be reasonable but must promote the safety, security or welfare of the owners and of the property and the corporation's assets or be for the purpose of preventing unreasonable interference with the use and enjoyment of the common elements and the units or the corporation's assets. The Ontario Court of Appeal, however, held in a 1997 case that: "A court should not substitute its own opinion about the propriety of a rule enacted by a condominium board unless the rule is clearly unreasonable or contrary to the legislative scheme."
A rule is passed by resolution of the board of directors. The board provides written notice to the owners setting out the rule and specifying a date, at least thirty days from the date of the notice, upon which the rule is to come into effect. Owners of at least fifteen percent of the units are entitled, within the 30-day day period, to requisition a meeting of owners to consider the rule. If there is a requisition, the rule isn't effective until approved by a vote at the owners' meeting. Owners may also requisition a meeting to vote on amending or repealing an existing rule.
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- Condo Living - Toronto Star. October 9, 2004
---------------- NOISY OWNERS / TENANTS
Q24: In our development there is a unit owner who refuses to obey the rules about excessive noise. Countless letters have been sent. What meaningful action can a board take if the owner refuses to obey the noise rule?
A: If a unit owner and not a tenant are causing the noise, and the board has taken steps to try to get the unit owner to comply but all attempts have failed, then the board should enforce compliance. These steps may include involving legal counsel for the corporation and proceeding with mediating the dispute. If mediation fails, then the next step would be arbitration proceedings.
In certain instances matters may go to court without mediation or arbitration. It is important that the board seek advice from legal counsel.
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- Condo Living - Toronto Star. October 29, 2004
Q25: I have a problem with noise from the unit above. It has two bedrooms and is occupied by a family of four adults and two children. They use a compact washing machine that transmits noise on the spin cycle. There are uncarpeted parquet floors that produce more noise. The board wants us to work out a resolution. This doesn't seem like a constructive solution. Shouldn't the board deal with the problem?
A: A condominium corporation is obligated under the Condominium Act to take all reasonable steps to ensure that the owners and occupiers of units comply with the act and with the declaration, bylaws, and rules. A board cannot circumvent that obligation by suggesting that an owner resolve his or her complaint with the person who is allegedly non-compliant. The corporation must take steps to determine whether there is a breach of the declaration or rule prohibiting unreasonable noise or disturbances or requiring floor coverings.
If the board is satisfied that there has been a breach, it must demand that is be ended. Should the problem continue, the board must take the enforcement steps available under the act, which include mediation and, if necessary, arbitration. Mediation will be between corporation and the person allegedly in breach and not between that person and the complaining owner.
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- Condos, Toronto Star. July 12, 2008. CO4
---------------- COMMERCIAL / OVERSIZED VEHICLES
Q26: I am a director in a townhouse condominium. One of our owners has a commercial-size extended cab dual rear wheeled vehicle designed to haul a large fifth wheel recreation trailer. Due to its weight, it has damaged the exclusive-use driveway. The length of the vehicle has also caused damage to the bushes and grass. It is in clear violation of the declaration and rules. The owner has refused to remove the vehicle. We are at a loss as to how to deal further with the owner.
A: Communication between the board of directors and the owners is imperative whether directly or through the management company.
Everyone living in a condominium corporation is required to act in accordance with the Condominium Act, the corporation's declaration, bylaws, and rules.
If your corporation's declaration and rules clearly state that the owner's vehicle cannot be parked on the property, the board of directors, or the management company on behalf of the board, should write a letter to the owner advising her of the declaration provision and rules dealing with motor vehicles and advising her the vehicle must be permanently removed from the property.
The owner should also be advised that she is responsible to repair damage she has caused to the common elements with her vehicle within a specified amount of time. Your corporation's declaration most probably contains a provision that makes owners responsible for damage they cause to common elements and allows any costs that are incurred by the corporation to fix the common expenses payable for the unit.
If the owner fails to make the repairs, the condominium corporation should do the work and add the cost incurred to the common expenses payable for the unit.
If the owner does not remove her vehicle, and/or does not repair the common elements the corporation should send the matter to its solicitor to take appropriate legal action.
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- Condo Living, Toronto Star. October 29, 2004
---------------- COPIES OF DOCUMENTS / MINUTES
Q27: I was elected to the board last November. In order to bring myself up to date I have requested several times that I be given copies of minutes of the 2004 board meetings, the management agreement and the declaration and bylaws.
The president has said that I will be given those documents but he keeps stalling. He said that the declaration and bylaws are with the corporation's solicitor. What can I do?
A: The president has no right to withhold from a board member any of the condominium records, which are relevant to the board's obligation to manage the condominium property.
One need not be a director to have access to most condominium records. Every owner is entitled on written request providing reasonable notice to examine a corporation's records, with certain exceptions such as records relating to a specific unit or owner.
The board should delete references to other owners and to other units in board minutes requested by a non-director. An owner on paying a reasonable fee for copying and labour charges is entitled to copies of records.
A corporation that refuses, without reasonable excuse to permit an owner to examine or to receive copies of records to which the owner is entitled, must pay the owner $500 on written request and payment may be enforced in Small Claims Court.
The reader could follow those procedures although as a director he should not be required to do so.
The reader should be able to examine all documents relevant to his duties as a director including records which non-directors are not entitled to examine.
The reader should insist upon receiving the requested records.
If necessary, he might demand that the minutes of the next directors' meeting reflect the fact that the records have not been made available despite his requests.
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- Condo Living - Toronto Star. April 2, 2005. P2
Q28: The board does not send out the minutes of the annual general meeting until a year later with the package for the next year's meeting. Is there anything in the Condominium Act as to when the minutes should be distributed?
A: The Act does not stipulate a date for distribution of the minutes. The minutes, however, are part of the corporation's records and a unit owner is entitled to examine them and to receive a copy upon paying a reasonable fee for labour and copying.
It's unreasonable to suggest that the minutes can't be released because they haven't been approved by owners, since the minutes will be distributed in their unapproved from to the unit owners before the next annual meeting.
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- Condo Living - Toronto Star. July 8, 2006. P5
---------------- PARKING FINES / TICKETS
Q29: Our management company recently hired a parking service company to ticket visitors' cars not registered over the phone. Our property manager insists fines go to the City of Toronto. Can the city collect fines from a private company?
A: Until recently private companies, which were hired to enforce parking regulations by companies, condo corporations, and private institutions, had a choice. They could participate in the city's official ticketing program or issue their own tickets.
Many of the privately issued tickets looked like City of Toronto tickets, and people would often pay the fines thinking the tickets were official. Many condo corporations that opted for private parking enforcement had an arrangement of sharing the fine revenues. If the ticket was issued by the city, all of the money collected goes directly to the city.
In July 2004, Toronto council passed a bylaw making private parking tickets illegal. Only the city may issue parking tickets, including on private property. All tickets must have the official Toronto city logo on the upper left side of the ticket, and the fines go to the city.
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- Condo Living - Toronto Star. October 29, 2004. P.19
---------------- BASEMENT APARTMENTS / SINGLE FAMILY UNITS
Q30: The declaration in our townhouse complex states units are to be used only as single-family dwellings. In at least four of our 31 units, basement apartments have been constructed and rented out. The board has refused to take any action and it appears more owners intend to build and rent out basement apartments, increasing the utility costs we all share through our common expenses. What should be done?
A: The board is obliged to enforce the single-family dwelling requirement in the declaration. A board should also enforce the usual declaration prohibition of structural changes in a unit without the consent of the board. The Condominium Act permits a board to pass a bylaw that is consistent with the Act and with the corporation's declaration and which establishes standards for the occupancy of residential units. The standard must be either those contained in a bylaw of the municipality in which the condominium is located or, subject to regulations under the Act, standards that reflect the maximum occupancy for each unit based on the maximum occupancy for which the building was designed.
The corporation's bylaw may prohibit persons from occupying units that do not comply with the bylaw. Another provision of the Act provides the board with a powerful and perhaps controversial weapon in the event of a contravention of the corporation's occupancy bylaw. The board by resolution is entitled to levy assessments against the offending unit for amounts that reasonably reflect increases in the cost of maintenance and repairing the common elements and of using the utilities that form part of the common expenses. The assessments form part of the common expenses for the unit.
An attempt to prevent occupancy of a unit by a family with many children could constitute discrimination based on family status under the Human Rights Code of Ontario. The Code defines family status as being in a parent and child relationship. The Code takes priority over the Condominium Act.
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- Condo Law - Toronto Star. March 12, 2005. P4
---------------- ROOF GUARANTEES
Q31: My condominium's roofing contractor told us that my recently replaced roof is guaranteed for 10 years. What does this really mean?
A: In the world of contracting a guarantee can be a lot of things. Unfortunately, quite often, it does not mean what the homeowner expected.
A guarantee usually consists of two parts: the guaranteed provided by the manufacturer of the product installed on your roof and the guarantee provided by your installer against her or his workmanship. They are distinctly different.
The product guarantee is very specific and has many exclusions, which can protect the manufacturer from the majority of claims. Claims can be nullified if the installer failed to apply the materials per the exact specifications laid out by the manufacturer. Issues such as the incorrect number of vents installed by the contractor can void the shingle product guarantee. It is very important for the homeowner to go over the details of the manufacturer's guarantee with his/her contractor carefully. A good contractor is knowledgeable on the subject of guarantees and will be happy to explain the difference from manufacturer to manufacturer.
Guarantees on the contractors’ workmanship can vary widely. They range from one year to a lifetime. These guarantees are usually set by the owners of the contracting companies themselves and are as good as the company, so long as they remain in business. The most common mistake made by homeowners is thinking that 25-year shingles installed on their homes are guaranteed and will last 25 years. In this case, the manufacturer on a prorated basis guarantees the shingles themselves, not for the entire 25 years. The contractor only for covers the workmanship as long as specified, usually 10 years in Toronto.
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- Leaside-Rosedale Town Crier, April 2005, page 17
---------------- LEASING OF UNIT/DWELLING
Q32: I own a condominium unit that I lease to a family. I have received a letter from the condominium manager requiring me to provide him with a copy of the lease. Am I required to comply?
A: The Condominium Act (Section 83) requires an owner who leases a unit or renews a lease to notify the corporation and to provide the corporation with the lessee's name, the owner's address and a copy of the lease or renewal or a summary of it in the form set out in regulations under the act. The owner must provide the tenant with a copy of the declaration, bylaws, and rules and must notify the corporation in writing if the lease is terminated.
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- Condo Law - Toronto Star. July 25, 2005. P5
---------------- THE "50-50 RULE"
Q33: Our board of directors has advised owners in our high-rise building to paint their own hallways and to pay 50% of the cost of necessary window replacements in their units. Our declaration provides that maintenance and repair of hallways and windows are the corporation's responsibility. Is the board entitled to make this change?
A: The Condominium Act specifies that the condominium corporation shall repair the units and common elements, except for repairs to unit improvements. The corporation is required to maintain the common elements and each owner is required to maintain the owner's unit. Those obligations may be changed in the declaration and declarations invariably provide that owners will repair their units. The one obligation that cannot be changed is the obligation of the corporation to repair the common elements, although the owners may be required to repair their exclusive use common elements.
The obligation to maintain hallways or unit windows could only be transferred from the corporation to the owners by an amendment to the declaration. The board would pass the amendment by resolution at a board meeting and would then call an owner's meeting to discuss the amendment. Following that meeting, the board must obtain written approval of the amendment from 90 percent of the unit owners. Is the replacement or worn out unit windows a repair that must be carried out by the corporation or maintenance that may be made the obligation of the unit owner? Necessary replacement of common element windows has always been considered the obligation of the corporation and reserve fund expenditure. Section 90(2) of the Act, however, provides that the obligation to repair after reasonable wear and tear. That appears to mean that whenever something wears out it must be considered as requiring maintenance and not repair.
On that basis, if a declaration requires owners to maintain their windows or balconies and the corporation to repair them, major repairs or replacement resulting from wear and tear becomes the obligation of the owners. The reserve fund could not be used although the owners have contributed to the fund for the purpose of such repairs or replacements. There has now been a court decision in which the judge held that the unit owners were responsible for replacing windows since they failed as a result of normal wear and tear. An amendment to the Condominium Act, removing Section 90(2) is required.
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- Condo Law - Toronto Star. October 22, 2005. P16
---------------- WATER LEAKAGE
Q34: A leak through the roof damaged the ceiling of the unit. The condominium corporation repaired the roof but the manager said we should contact our insurer in regard to the ceiling damage. Is this right?
A: No. The condominium's insurance covers both the common elements and the units. The corporation may have a standard unit bylaw or standard schedule provided by the developer, eliminating certain unit components from the corporation's obligation to insure. It is unlikely that one of the eliminated components is the ceiling.
The damage will almost certainly fall within the deductible under the corporation's policy so that the insurer need not pay. The act provides, however, that the cost of repairs up to the amount of the deductible is the responsibility of the corporation unless the act or omission of the owner, or a resident of the unit caused the damage.
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- Condo Law - Toronto Star. November 26, 2005. P7
Q35: Who pays for damage in a townhouse condominium unit caused by water leakage resulting from a crack in the common element roofs?
A: Damage to the unit in excess of the deductible should be covered by the corporation's insurance. Unit components, excluded from the corporation's obligation to insure by a standard unit bylaw or schedule will not be covered by the corporation's insurance.
In the absence of a schedule or bylaw, improvements to the unit will not be covered. Unit owners must look to their own insurance in regard to the cost of repairing or replacing personal items or unit components not within the corporation's insurance.
The condominium corporation is not responsible for any cost of repairs simply because the unit originated in the common elements, unless the damage resulted from the failure of the corporation to carry out repairs to known damage within a reasonable time. If the damaged items are covered by corporation's policy, but all or a portion of the less falls within the deductible, the corporation is responsible for the insured unit loss up to the amount of the deductible, unless the loss was the result of an act or omission of the unit owner or occupant.
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- Condos > Law - Toronto Star. September 8, 2007. CO8
---------------- SATELLITE TV DISHES
Q36: I have a satellite dish on my balcony that sits on a box and is not attached to the walls or to any part of the balcony. The dish is not connected to my TV and is not in use, although it can be seen from the ground level. It is on the balcony because I have no place in my unit to store it. I ignored a number of letters from management to remove the dish. I have now received a letter from a lawyer demanding removal of the dish and payment of his legal fees of $320. What can I do?
A: The reader should remove the dish and advise management that he has do so. There may be a provision in the declaration stating that a unit owner will be responsible for the corporation's legal fees incurred as a result of a breach of the declaration bylaws or rules of the corporation. The validity of such a provision is questionable, as it purports to turn a common expense to be shared by all owners - the cost of the corporation enforcing the declaration or bylaws - into an amount to be paid by the owner.
In 1981, a court held that a bylaw levying a monthly rental administration charged against owners who leased their units was not valid. The court held that the cost of rental administration was a common expense, being a cost incurred by the corporation in performing its objects and duties and must be shared by all owners.
The condominium corporation could proceed to court for a compliance order and if the judge grants the order and awards cost against the unit owner, the corporation would be entitle not only to the cost awarded, but also to all legal costs incurred by the corporation in bringing the court application. Those costs would be added to the unit owner's common expense and the corporation would have a lien against the owner's unit if the costs were not paid on a date specified by the corporation. Those costs, however, would not include costs incurred prior to preparation of the application, such as a lawyers' demand letter to the owner.
Some declarations not only require an owner to reimburse the corporation for legal costs without a court decision, but state that those costs are to be added to the owner's common expenses. I am of the opinion that the latter provision is unenforceable.
Common expenses are those expenses that are to be shared by all the owners. Even if a corporation could charge a legal cost to one owner, that amount would not be a common expense and could not be treated as common expenses. The only amounts that may be added to an owner's common expenses and for which the corporation will have a lien against the owner's unit upon non-payment are those specified in the Condominium Act.
I am of the opinion that the corporation, in the absence of a judgment, has no right to demand that the owner pay the corporation's legal cost and has no right to add those legal costs to the owner's common expenses. The problem is that the corporation may register a lien against the owner's unit if the owner does not pay and may even receive a legal opinion that it is entitled to do so. The lien will include the legal fees applicable to the lien registration and the owner will be forced to pay or to engage a lawyer to challenge the validity of the lien.
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- Condo Law - Toronto Star. March 25, 2006. P7
THE SKILLS OF A GOOD MANAGER
Toronto Star, September 23, 2006
DONNA LAPORTE
Question: What makes a good property manager?
A: The Star spoke to condominium management experts to find out. Here, in no particular order, are some of the things they say a good manager does:
• Keeps the board of directors informed.
• Has the financial statements ready by the 15th business day of the month following. Has them reviewed by someone in his or her property management firm, if he or she works for one.
• Gives directors a manager's report one or two days before the next board meeting. This includes updates on minutes, purchase orders, items undertaken and/or completed, correspondence, variances on the financial statements, legal issues. Directors often have full-time jobs and need time to digest this information.
• Helps communicate with owners, such as reminding them about rules for garbage disposal, noise, etc.
• Uses common courtesy in dealing with residents.
• Is aware of new technologies, such as the best forms of software.
• Is online with banks, where possible. One of the biggest sources of delay in keeping financial records up to date is bank statements and cancelled cheques.
• Knows there is an industry standard for elevator maintenance and insists it be followed.
• When considering energy retrofits, finds out whether there is a proven track record for cost recovery.
• Doesn't repeat repairs. Are items under warranty? Keeps records of what was repaired and when.
• Goes through the budget line by line. Asks whether the corporation can get a better bang for its buck on some expenses.
• Educates the board as to what to expect from the building superintendent. Makes sure he is doing his job.
• Challenges the reserve fund studies if it's warranted. Under the new Condo Act, engineering firms are almost forced to be conservative. A good manager also makes sure engineers ask to see the building's declaration to be sure where the corporation's responsibilities begin and end, i.e. unit boundaries, fan coil units.
• Doesn't give a professional opinion. Instead, brings in experts where necessary.
• Is careful about bulk buying and rebates. Checks whether there really are cost savings.
• Doesn't sign contracts. That's the job of the directors. (They are officers of the corporation.)
• Brings the status package to board meetings: declaration, bylaws, rules, budget, audited financial statements in order to advise the board what they can and can't do.
• Provides leadership to the board.
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- Condo Living - Toronto Star. September 23, 2006. P9
---------------- CONDOMINIUM'S COMMON ELEMENTS
Q37: Our property manager advises the corporation is not responsible for the cleaning of a clogged drain in the space between our wall and our neighbour's wall. I believe that anything within that common element space is the corporation's responsibility. Am I wrong?
A: The declaration should be checked to determine whether the drain is beyond the unit boundary, which is usually, but not always, the backside of the drywall. The declaration may provide that certain items beyond the unit boundaries that serve only that unit are part of the unit. The maintenance and repair provisions of the declarations should be examined. Those provisions cannot render a unit owner responsible for common element repairs but could require the homeowner to maintain certain common element components. The drain may be part of the unit even if beyond the unit boundaries and its maintenance could be the owner's responsibility even if it is part of the common elements.
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- Condo Law - Toronto Star. February 2, 2008. CO5
Q38: I applied to the board for permission to replace the old cement patio stones with a cedar deck. The neighbours on either side have signed letters approving the changes and an informal plebiscite of the owners of the 24 units were in favour. The board has refused my application. Is the board's refusal justified?
A: A unit owner may only carry out an alteration to the common elements, including exclusive-use common elements, if approved by a board resolution and if an agreement between the corporation and the unit owner is registered on title to the owner's unit. The board may refuse an owner's application notwithstanding that the alteration is reasonable and not opposed by other owners.
In some circumstances, such as the board previously approving similar common elements alterations by other owners, the unit owner may be able to seek a court remedy under the oppression provisions of Section 135 of the Condominium Act. The cost of pursuing a court application, which will be based on the refusal being unfairly prejudicial to the owner or unfairly disregarding the owner's interests, will likely dissuade most owners from seeking that remedy.
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- Condo Law - Toronto Star. May 31, 2008, CO7
--------------- COMMON EXPENSE CONTRIBUTION/FEE
Q39: Our board has refused to repair leaks in the common element roof of our townhouse. Can we withhold our common expense contributions until the repairs are carried out?
A: No. Your common expense contributions must be paid notwithstanding a failure by the corporation that results in damage to your unit. The Condominium Act provides that an owner is not exempt from making common expense contributions even if the owner has a claim against the corporation.
Failure to pay on a due date will automatically create a lien against your unit. The corporation's costs to register and enforce the lien will be added to the amount secured by the lien, which can be enforced if necessary by the sale of your unit.
You should examine the declaration schedule that sets out the boundaries of the units to ensure that the roof is part of the common elements.If it is you could engage a lawyer to bring a court application for a compliance order under Section 134 of the Condominium Act as a corporation's failure to repair common elements is a breach of the act.
If the roof is part of your unit the declaration might provide that the corporation is nonetheless responsible for roof repairs. In that event you could require mediation with the corporation and, if necessary, arbitration as set out in Section 132 of the act.
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- Condo Law - Toronto Star. February 27, 2010, H17
Q40: What is the maximum increase allowed for common expense contributions?
A: There is no maximum. The contributions are a percentage of the corporation’s annual budget. The percentage for each unit is set out in the declaration. The budget for each fiscal year will include the corporation’s operating expenses and the amount required to be paid into the reserve fund account for future major repairs and replacements. If the corporation requires additional funds during the fiscal year, the board may issue an amended budget.
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- Condo Law - Toronto Star. April 3, 2010, H17
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UPDATED: November 29, 2010