Renew contractor’s deal if work is good
Condo board directors can avoid tendering if acting honestly and in good faith
If the condominium board is satisfied with the performance of a maintenance contractor and believes his price to be reasonable, are they required put out tenders for the work when the contract expires?
If the directors acting honestly and in good faith conclude that the contractor’s work is satisfactory, and his price reasonable, they may choose to renew his contract when it expires.
All of the units in our condo pay the same common expenses, although the suites differ in size. When I raised this at an annual general meeting I was told that all units should pay identical amounts. I have a small unit paying the same as the larger units. What can I do?
The percentages of the corporation’s common expenses payable by the unit owners are set out in a schedule to the declaration. That schedule is prepared by the developer and often based on the size of the units. The board could amend the percentages, but is not obligated to do so.
Amending the scheduled percentages requires written approval of 90 per cent of the unit owners. That approval may be difficult to obtain — those in the larger units will see their percentages increase if the smaller units are decreased. And those people are likely to refuse to approve the amendment.
Our condo board is proposing a rule which prohibits leasing a unit for less than six months. Our declaration, however, provides that “no provision in this declaration shall in any way be deemed or interpreted in a manner that limits or restricts an Owner, including the declarant, from leasing or renting such owner’s Residential Unit for any period of time whatsoever.” If the rule is passed, will it be valid and enforceable?
The courts have upheld the validity of a rule limiting the length of unit leases. The Condominium Act, however, requires a rule to be consistent with the Act, and your condo corporation’s declaration prohibits Solid work at a fair price allows a condo board to act in good faith and stay with a contractor without putting out tenders.
lease period restrictions with no mention of rules. However, the rule would appear to be clearly inconsistent with the Act and, in my opinion, will be invalid and unenforceable.
Aresident who was elected to the board for a three-year term last year has sold his unit and no longer lives in the building. Is he allowed to remain on the board for the duration of his term?
Unless the corporation’s bylaws require a board member to be either an owner or occupier of a unit — or both — he may remain on the board.
For 20 years, none of the entrances to our building has been marked as “emergency only.” Now the door leading to the condo’s backyard and gardens has that designation. It permits access from the building but won’t open from the outside to allow owners back in. Can the manager do this without consent from the owners or without notifying them in advance?
The Condominium Act provides that an owner may make reasonable use of the common elements subject to the Condominium Act, the declaration, bylaws and rules. The owners’ use of the common-element entrance would appear to be reasonable. The board could restrict such use by passing a rule, provided that a judge does not conclude the rule is unreasonable. But the manager alone cannot decide to limit use of the door to emergency situations. 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 416-925-8492.