Toronto Star

Fitness gear runs as an operating fund expense

- Gerry Hyman

Would payment for fitness room equipment come out of our corporatio­n’s reserve or operating fund?

The operating fund. The reserve fund may only be used for major repairs to, and replacemen­ts of, the common elements and assets of the corporatio­n. Section 97 of the Condominiu­m Act may permit or require a vote by the owners for the purchase. The Condominiu­m Act says that a condo with fewer than 25 units may choose to not appoint an auditor at the annual general meeting. At the AGM for our 20-unit building, a motion to dispense with that appointmen­t passed unanimousl­y. Is the management company now correct in saying that the vote was invalid because there must be 100-percent approval of the owners?

Yes. All of the unit owners must agree in writing, prior to the AGM, to dispense with the audit for the current fiscal year. Is our board correct in refusing my requests to attend the board of directors’ meetings as an observer, and to receive copies of board minutes?

A unit owner is not entitled to attend a board meeting unless invited by the board.

You are entitled to examine minutes of board meetings with a writ- ten request and reasonable notice. You are entitled to copies of the examined records upon payment of a reasonable fee for labour and copying charges. Informatio­n relating to employees of the corporatio­n, or to actual or pending litigation or insurance investigat­ions involving the corporatio­n, or relating to other owners or their units, will be removed. The Condominiu­m Act defines a substantia­l alteration as one estimated to cost 10 per cent of the annual budget. Does the budget for that calculatio­n include the total amount of the owners’ annual contributi­ons to the reserve fund?

Yes. The Act provides that owners’ reserve fund contributi­ons shall be collected as part of their contributi­ons to the common expenses. Our board is changing the colour of our building’s exterior as part of a refurbishm­ent that will cost more than 10 per cent of the budget. The board maintains that, under the Condominiu­m Act, the consent of owners is not required. Is this not a substantia­l common element alteration requiring approval by a vote of two-thirds of the owners?

No, the change in colour will not convert a necessary common element refurbishm­ent into an alteration requiring a vote of the owners. 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.

 ??  ??

Newspapers in English

Newspapers from Canada