Owners must stick to basics
During our annual general meeting, can an owner make a motion to dismiss the board? No. The Condominium Act provides that at a meeting of owners, no vote shall be taken on any matter other than routine procedure unless that matter was clearly disclosed in the notice of the meeting. Our board has a quote for $85,000 to change the colour of the garage doors. Can the board spend that amount without the owners’ permission?
The board is obligated to carry out required repairs and replacements of the common elements without notifying or receiving the approval of the owners. Changing the colour of the garage doors is not a necessary repair or replacement.
But is it an alteration, or improvement, that the corporation may only carry out in accordance with Section 97 of the Condominium Act? That section permits the corporation to carry out such an alteration, or improvement, without owners’ approval if required to do so under a Mutual Use Agreement — or if, in the opinion of the board, it is necessary to ensure the safety or security of persons using the property or the corporation’s assets. As well, it permits the corporation to carry out the alteration if the estimated cost will not exceed the greater of $1,000 or 1 per cent of the common expense budget for the current year.
Otherwise, the corporation must send a notice to the owners describing the proposed work, give an estimate of the cost and state how it proposes to pay the cost. It must specify that owners have the right within 30 days of receiving the notice to requisition an owners’ meeting to vote on the proposed work. The requisition must be signed by at least 15 per cent of the owners. The corporation may only proceed with the work if a requisition is not received within the 30-day period, or if the owners do not vote against the proposed work. Were all members of condominium boards required to take the new training courses by the end of 2017?
No. The regulations provide that a person shall complete the training courses within six months of the earlier of the day that the person is elected or appointed to the board. Our new condominium board has informed the owners that property management are responsible for resolving issues in the building. Doesn’t the obligation rest on the board to act on behalf of the owners, whom it represents, and not with the property manager?
The board’s obligation is to manage the affairs of the condominium corporation. Management’s function is to advise the board and to follow it’s instructions. A board may stipulate that all issues should be sent to management. Management may be authorized to take specific steps in regard to minor issues but should make the board aware of all issues. All substantive issues, though, must be determined by the board and not by management. It is incorrect for the board to maintain that it will only deal with issues that cannot be resolved by management. Lawyer Gerry Hyman is a former president of the Canadian Condominium Institute and author of Condominium Handbook. Send questions to gerry@gerryhyman.com or fax to his attention at 416-449-7071.