Edmonton Journal

CONDO BOARDS HAVE CONTROL OVER ALL COMMON PROPERTY

- ROBERT NOCE Robert Noce is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at condos@ edmontonjo­urnal.com. Answers are not intended as legal opinions; readers are cautioned not to act on the informati

Q We live in a 25-year-old 37-unit bungalow-style bareland condo. The board has forbidden any owners from talking with contractor­s. Many owners have board-approved flower gardens surroundin­g their units, and some have been maintainin­g the trees and shrubs adjacent to their dwellings. Last year, the board hired a contractor to complete some flood study work by building up the level of ground surroundin­g some foundation­s. No owners were forewarned of this work and flower gardens were ripped out. Some people returned from holidays to find their flower gardens and favourite plants were gone. We questioned a board member and were told that the board has the right to remove a flower garden without notice. The same is happening again this year, and last week we returned home to find a birch tree that provided privacy to our deck and bedroom window had been cut down. Again, we received no warning or explanatio­n as to why this was done. Please explain how this happened.

A First, I would need to know whether or not the plants and trees are on common property. If they are, then the board may have every right to deal with the plants, flowers and trees as they wish. As well, it is good practice that contractor­s should not deal directly with owners. The contractor­s are hired by the condominiu­m corporatio­n and receive their directions from the property manager or a board member as a result of a board decision. It would be absolute chaos if a contractor were to receive different instructio­ns from owners on one particular issue. What is unfortunat­e is the apparent lack of communicat­ion between the condominiu­m board and the owners with respect to the contractor’s work. I believe providing informatio­n to owners helps deal with these issues. Helpful hint: Condo boards have every right to make decisions relating to the common property. However, some owners may have exclusive use over an area of common property (for example, a parking stall).

Q What is the role of the site manager, and who decides the amount of monthly fees given to the site manager if they are a condo owner in the complex?

A The role of the site manager generally is to deal with the day-to-day on-site issues. A site manager could deal with a leaky faucet or a door that is not working, or an issue on the common property. A lot of highrise condominiu­m buildings or condominiu­m corporatio­ns with a lot of units hire on-site managers to deal with day-to-day issues because it is very difficult for the individual board members to deal with issues that come up at all hours of the day. The salary of the site manager is set by the board and it is a board decision. Helpful hint: When setting a salary, the board should be aware of the market conditions, the job duties and the skill sets of that person.

Q I am a board member of a small (less than 20-unit) condominiu­m complex. We have been very dissatisfi­ed with our property management company for several years now. Unfortunat­ely, due to the size of our complex, we haven’t had any other management companies interested in representi­ng us. One option we are interested in is to move toward self-management. What would we need to do on a day-to-day basis? What boxes do we need to check, and does this seem like a good idea?

A I find it odd that you cannot find a property management company to manage a 20-unit condominiu­m building. I suspect that the real reason is cost, in that the property management company knows that it will incur a certain amount of time and effort in managing the complex and the condominiu­m corporatio­n is not prepared to pay for that level of service. Moving toward self-management is perfectly fine; however, you will need to find people on the board who are prepared to deal with the administra­tion of operating a complex (depositing cheques at the bank, dealing with day-to-day issues, contacting contractor­s, lawyers and accountant­s to deal with issues that come up from time to time). If all the board members are employed and have other commitment­s, dealing with these day-to-day issues will be difficult. I would strongly urge you to have a discussion with the corporatio­n’s lawyer about options, and maybe your lawyer can help find the right person to help you. Helpful hint: Self-managed condominiu­m corporatio­ns can work and are legal in Alberta. However, the reason you pay someone like a property manager to do certain things is to lessen the workload of board members. The work still needs to be done.

 ?? MIKE HENSEN ?? Removing gardens or trees for repairs or landscapin­g changes can upset tenants, but condo boards have control over common property areas.
MIKE HENSEN Removing gardens or trees for repairs or landscapin­g changes can upset tenants, but condo boards have control over common property areas.
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