HOW LONG IS TOO LONG TO WAIT?
Condo corporations open themselves to potential lawsuits if repairs are delayed unreasonably, writes Robert Noce.
Condominium corporations do not have the ability to simply ignore a problem or take their time to figure out a solution.
Q A leak originated in the wall of the condo unit above me. As a result, my ceiling and pantry wall were damaged. As well, my wooden kitchen bar counter and dining room hardwood floor were damaged. The condominium corporation repaired the pantry and bar in two months, but has not fixed the hardwood floor, nor has it advised when it will happen. It has now been six months. How long should I have to wait before my repairs are complete? Is there a law to help an owner in a case like this? A There is no set answer for your question. However, six months seems excessive, unless the condominium corporation is providing you with updates to justify the delay. Condo corporations must act reasonably and within a reasonable amount of time to deal with any repair work in a unit. Owners are inconvenienced and that is not fair. At some point, if the condo corporation fails to deal with these issues on a timely basis, they are exposing themselves to a potential lawsuit for improper conduct. I would strongly urge you to start creating a paper trail and writing to the board asking them for regular updates. If they fail to respond, make a note of that.
Helpful Hint: Condominium corporations do not have the ability to simply ignore a problem or take their time to figure out a solution to a particular issue for an owner. They must act reasonably and on a timely basis. Q I own a condominium unit in Edmonton, managed by a property management company. A few years ago there were some deficiencies identified, but these have never been remedied to my satisfaction. For example, one repair modified a structure (a garage) that was outside the scope of the condo corporation’s responsibility. I was granted special permission to build the garage, with the understanding that all maintenance and repairs would be my sole responsibility. The property management company replaced the eaves on my garage without my permission, and this was done in a substandard way, because now they drain into the yard and the condo building, as opposed to draining toward city drainage, per my initial installation. The condo corporation and property manager are refusing to remedy the problem that they created. I received an email from the property manager stating that they are preparing to look at the costs for the garage eaves, and to bill me for the work that was done. Can they do this?
A Your facts are somewhat confusing; you state that you were granted special permission to build the garage, yet now the condominium corporation is taking steps to maintain it. You
should also review your condominium plan and bylaws to see if either document provides you with any assistance in this regard. If you are unable to understand the condominium plan and bylaws, I would suggest that you ask the condo board to hire a lawyer to provide a legal opinion as to who is responsible for what, and under what basis is the condo corporation entitled to reimbursement of the costs related to the garage eaves. The answer to those questions will provide both parties with direction on how to proceed. There is nothing stopping you from hiring a lawyer to answer those questions on your own. The unfortunate thing, however, is that you would be responsible for those legal fees if you were to hire your own lawyer.
Helpful Hint: When an owner and the condominium corporation get into a dispute, it is prudent for both parties to act reasonably and with the understanding that this is not a case of “us versus them” but rather “us and us” working together to find a solution. Q I live in a highrise condo. Last week, we received a letter from our condo board stating that our contract with Shaw Cable has expired. The board invited the owners to an informal meeting to poll the owners as to whether they wanted to renew the cable contract with the same package, choose another package, or discontinue the cable service for the building altogether, leaving the owners (or their tenants) to make individual choices and pay individually. Up to now, cable fees have been part of condo fees. A board member explained that, if we decide to cut the group cable, the condo fees would not be re-calculated. Instead, “we have many new expenses coming in 2017, so the money collected now as cable fees will be re-allocated to other needs.” Some owners objected to this “re-allocation.” Does the board have the authority to keep collecting cable fees after the cable service has been discontinued, keep the collected
money, and divert it to other needs?
A Every year, a condominium board must prepare a budget for the condominium corporation. The budget must deal with dayto-day operations, putting some money aside for the reserve fund and contingency funds. Because condominium corporations are not for profit, the budget should reflect a balance of costs and expenses so that the condominium corporation does not make a huge profit for the year. Given your situation, the board would have to update and/or revise its budget and provide the owners with that information. It may seem like a cash grab by the board, but the board may genuinely know that there are other expenses that need to be dealt with that were not properly budgeted for. The board needs to be transparent in this regard.
Helpful Hint: There is nothing wrong with amending your budget during the year if new issues arise, and there is nothing wrong with the board identifying new expenses. Be transparent.