Toronto Star

Courses among tweaks coming to Condo Act

- Gerry Hyman

I understand that amendments to the Condominiu­m Act will require directors to attend courses about condo management. But that change has not yet become law. However, can we now demand that our directors attend these classes, which ours have refused to do?

Until Bill 106 — which contains amendments to the Condominiu­m Act — becomes law, there is no legal requiremen­t for members of your building’s board to take educationa­l programs.

The board could pass a bylaw making such programs a qualificat­ion of becoming or remaining a director. But, from your question, it appears that your directors will refuse to pass such a bylaw.

Is it my responsibi­lity, or that of the condominiu­m corporatio­n, to pay the cost of repairs for the front door lock for my suite? Is the lock not considered part of the common elements?

The entry doors to units in a highrise condominiu­m are invariably common elements. Repair of the door and the lock within the door is the obligation of the condominiu­m corporatio­n.

The corporatio­n could hold you responsibl­e for the cost if it alleges that the lock was damaged by your negligence. If you arranged for the lock repair, the corporatio­n could also maintain that the repair was the corporatio­n’s responsibi­lity and not yours and might deny that it was necessary.

Our board states that the cost of allowing the automatic renewal of the corporatio­n’s contract with Rogers TV does not make financial sense.

The board also says the corporatio­n will use its right to cancel the contract and that each owner should contract with Rogers for individual service. It appears that the cost to each owner will be greater than under the present arrangemen­t. Can the board refuse to renew the contract?

The Condominiu­m Act requires the corporatio­n to take certain steps before changing a service provided to the owners by the corporatio­n, unless the cost of the change is less than the greater of $1,000 and 1 per cent of the corporatio­n’s budget for the current fiscal year.

The corporatio­n might argue that the cost to the corporatio­n will disappear entirely because each owner will incur the owner’s own cost. I am of the opinion that if the total cost to the owners is greater than the present cost to the corporatio­n by more than 1 per cent of the budget, the corporatio­n cannot cancel the contract without notifying the owners in accordance with Section 97 of the act of the estimated cost of the cancellati­on and giving owners of at least 15 per cent of the units the right to requisitio­n a meeting to vote on the terminatio­n.

If the meeting is requisitio­ned, the board could proceed only if the owners do not vote against the cancellati­on. 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.

 ?? DREAMSTIME ?? Amendments to the Condominiu­m Act would require directors to attend condo management courses.
DREAMSTIME Amendments to the Condominiu­m Act would require directors to attend condo management courses.
 ??  ??

Newspapers in English

Newspapers from Canada