Calgary Herald

CONDO OWNERS DON’T OWN THE VIEWS AROUND BUILDINGS

Tree removal on common property may be decision made at board level

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QI read an article that you wrote in 2014 stating that condo owners do not own their view. In our case, there is a movement afoot (mainly from first-floor owners who face a lake) to lop off existing trees or remove them entirely so that they have an unobstruct­ed view. Could the condo board decide to go ahead with this, or would it need approval from the owners? If so, what percentage would be needed?

AYou are correct that nobody owns a view. In answering, I am assuming that the lands in front of your building are common property. Generally speaking, if the expenditur­e is minor, this would be a decision made at the board level. If you feel strongly about this, one way or another, you should write a letter to the board expressing your concerns and ask fellow owners to do the same.

Helpful hint: Condominiu­m living includes some things that are outside of your control. Remember that it is a community, that you share common spaces with your neighbours, and try to express your feelings and concerns in a neighbourl­y way.

QAt the election of my condo board at the last AGM, eight owners wanted to sit on the board that only allowed for seven owners. Six of these eight owners were board members from the year before. Instead of opening the election to the eight owners and have the voting happen all at the same time, the board president simply asked those in attendance if they could raise their hands and vote the six previous board members in first. Then he allowed the two remaining candidates to compete for the last remaining seat. Is this legal?

ANo, the election process that was followed does not appear to be legal. To be 100 per cent sure, I would need to review your bylaws. I will say this: in all the condo corporatio­n AGMs that I have attended (and there have been many), the normal approach is that all candidates (even the incumbents whose terms have come to an end) would be subjected to re-election. The incumbents do not get a special pass or advantage.

Helpful hint: Your question did not say if you have a property manager. In any event, if the election was not followed in accordance with your bylaws, the result of the election can be challenged.

QOur condo building is about 25 years old and the sidewalk at the unit is sloped, cracked and broken. The board elected to “mudjack” where possible and replace portions as required. One slab adjacent to the front step was sloped and broken, and when they attempted to jack it level they were unable to do so. As well, mud was oozing through the cracks in the slab. The contractor advised that he was unable to level the slab and recommende­d it be replaced. He was told the condo corporatio­n would not pay for the replacemen­t and was told to just leave it as is. I personally requested the corporatio­n to reconsider, but they refused. I have since had a second opin- ion by another firm that also indicated the sidewalk was not repaired properly, and the lack of void filling could result in water seeping into the basement.

AYou should contact the property manager directly, by way of written letter, expressing your concerns about the result of the faulty repairs and the danger of water seepage into the units. You should copy every board member. You may also want to speak to other owners about this issue, and see if the board would call an extraordin­ary general meeting to address these concerns.

Helpful hint: If there are legitimate concerns about water seepage and a future costly repair, then all unit owners, especially board members, should be amenable to investigat­ing this issue. Prevention, where possible, will save everyone money.

QI am looking to sell my unit, but my condo building recently had a building audit done and found some deficienci­es regarding balconies and building envelope, with an estimated $300,000 cost. The bylaws state clearly that before a special assessment can be conducted, a special resolution on expenditur­es over $10,000 (with 75 per cent of unit factors) needs to be secured before the work can be commenced, which could take months, or years. What are my obligation­s with respect to potential buyers and potentiall­y covering the cost?

AYou must provide the potential buyer with a copy of the building audit. With respect to your obligation­s to cover the costs, you, as the seller, can sell your unit at any price. If the seller wants to take into account other factors to increase the price of their unit and there is a willing buyer, then there is nothing wrong with that.

Generally, a unit in a wellmanage­d condominiu­m corporatio­n with a healthy reserve fund would command a better price than a unit in a condominiu­m corporatio­n that is operating in a deficit position or with low or no reserve funds. The purchase price should reflect all of those factors. There is nothing in the Condominiu­m Property Act that would provide the seller with any direction on this issue.

Helpful hint: Generally, the buying and selling of condominiu­m units is done in an open and free market.

QI own a bare land condo unit, and our bylaws state that the corporatio­n is responsibl­e for all exterior maintenanc­e. Due to hail damage, all of the roofs were replaced under insurance. The $25,000 deductible was paid out of the reserve fund. Is this legal?

ANo. Once a condominiu­m corporatio­n has obtained the reserve fund study, the board is required to put together a reserve fund study plan. It is that plan that will govern the condominiu­m corporatio­n with respect to capital expenditur­es. If this capital expenditur­e is outside of the reserve fund plan, then it would be inappropri­ate for the board to use reserve fund money to pay for an unexpected capital expense. The reserve fund money is not a slush fund to be used at any time. The reserve fund money must be used in accordance with the reserve fund plan that was adopted by the corporatio­n.

Helpful hint: Sometimes condominiu­m corporatio­ns have to levy a special assessment against the owners to address an unexpected expense — this is legitimate and normal.

 ?? MIKE DREW/ FILES ?? Condominiu­m owners do not have title to a view, no matter how beautiful it may be. Condo living is part of a community and owners must share common spaces with their neighbours and try to express feelings and concerns in a neighbourl­y way.
MIKE DREW/ FILES Condominiu­m owners do not have title to a view, no matter how beautiful it may be. Condo living is part of a community and owners must share common spaces with their neighbours and try to express feelings and concerns in a neighbourl­y way.
 ?? ROBERT NOCE ??
ROBERT NOCE

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