CONDO BOARDS HAVE CONTROL OVER ALL COMMON PROPERTY
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.