National Post

Hit with $350 bill to move in

- Marilyn Lincoln Marilyn Lincoln is a condo owner, director and author of The Condominiu­m Self Management Guide 2nd ed. Email marilyncon­doguide@hotmail. com with questions. To order a copy of her guide, send $ 39.95 plus $ 8. 98 shipping and handling to

Q In our building, there is a $350 fee for moving in. This fee must be paid in cash or certified cheque. We were told that we would receive our money back when the common elements are inspected for any damages incurred during our move. One of the board members informed me this is a strict rule implemente­d by the property manager, who is in charge of the building. Is this common practice that a property manager makes rules? I think this $350 deposit is very unfair. I lived in another condo and never heard of such a rule. Your help would be appreciate­d. Thank you.

A Rules in a condominiu­m corporatio­n must be reasonable. The board of directors in charge of managing the property have the authority to pass rules, not the property manager. The property manager is hired to assist the board with managing the property.

When the board passes a rule, they must issue a notice to all owners stating what the new rule is and informing them they have 30 days in which to requisitio­n a meeting of owners to vote on the rule. Fifteen per cent of the owners are required to sign. If 30 days have passed and no requisitio­n has been issued to the board, the rule becomes effective immediatel­y.

The current rule regarding the $350 fee that was implemente­d by your property manager is not valid. The board of directors would have had to create any rules and pass them according to the Condominiu­m Act.

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