Toronto Star

Property manager out of line

Role is to advise board, not to run meetings and control the minutes

- GERRY HYMAN SPECIAL TO THE STAR Lawyer Gerry Hyman is an expert in condominiu­m law. Send questions to gerry@gerryhyman.com or fax to his attention at 416-925-8492. Letter volume prevents individual replies.

Q: Our onsite property manager dominates and controls our board meetings. He cuts off discussion and directs the minute taker as to what she should record. Does he have the power to interfere in this way? What can we do? A: Almost all property managers understand the relationsh­ip between the manager and the board. The term manager is misleading. It is the board and not the manager that has a statutory obligation to manage the property.

The property manager’s roles are to provide advice to the board when requested, to carry out the day-to-day administra­tive functions specified in the management agreement and to carry out the board’s instructio­ns.

Corporatio­n bylaws invariably provide that directors’ meetings are to be chaired by the condominiu­m president. The property manager is a guest at board meetings and has no authority to take part except as permitted by the chair.

The board might bring the problem to the attention of the management company and request that a new property manager be appointed if the situation is not corrected.

NO APPROVAL REQUIRED

Q: Our corporatio­n has a set of common elements improvemen­ts standards for owners that are a schedule to our rules. The standards are changed from time to time without the notificati­on to the owners required for the amendment of a rule, i.e., a notice permitting owners of 15 per cent of the units to requisitio­n a meeting to vote on the standards. Isn’t that notice required? A: An owner’s right to alter the common elements is dealt with in Section 98 of the Condominiu­m Act. The board must approve the alteration by resolution. The ap- proval is entirely at the board’s discretion and can be upon whatever terms or standards the board determines. The board may develop a list of general requiremen­ts for its approval and may amend those requiremen­ts from time to time. Owners have no right to vote on the board’s requiremen­ts or amendments. The board, in order to prevent confusion, should eliminate the reference to the requiremen­ts being a schedule to the corporatio­n’s rules.

DELEGATING OWNERSHIP

Q: I engaged a management company to look after my investment­s, including the condo unit I own, which is rented. Despite my written instructio­ns, the condominiu­m board of directors refuses to send notices to that company, maintainin­g that the corporatio­n must deal with the registered unit owner. Is that correct? A: No. The Condominiu­m Act provides that a corporatio­n must send required notices to each owner who has notified the corpora- tion in writing of the owner’s name and address. You are entitled to advise the corporatio­n that your address for service is the address of your management company.

BALCONY LAUNDRY LINE

Q: I noticed one of the directors taking pictures of my balcony. The board then advised that I must stop drying laundry on my balcony. The corporatio­n’s rules specify: “No hanging or drying of clothes is allowed on any part of the common elements.” A separate section of the rules, however, deals with “exclusive use areas,” which includes balconies but makes no mention of drying laundry. Is the board’s position correct? A: The prohibitio­n clearly applies to balconies, which are common elements. The prohibitio­n is valid and it was not necessary that it be repeated in the rules relating to balconies.

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