Can unit owners get hydro rebate, or will it go to corporations?
We’ve seen an announcement that condominiums will be eligible for a proposed hydro rebate. Will our corporation be obligated to pass the rebate to the unit owners or can they place it in the operating fund?
You are correct that condominium corporations are eligible to receive the rebate.
The Electricity Consumers Act 2016 states that the rebate is available to consumers who have an “eligible account,” which is defined to include properties within the meaning of the Condominium Act. The rebate relates to hydro fees paid by the corporation, which will not transfer it to the individual unit owners. The board of our condominium intends to carry out $400,000 underground garage repairs, as well as repairs to our rooftop terrace and continue with repairs to the women’s change room. This seems to be too much expense for a seven-year-old building. I have unsuccessfully written to the manager requesting engineering reports about the need for such repairs. What can I do?
If the repairs are necessary, the corporation is obligated to do them and you can do nothing. But you are entitled to examine the engineering reports you have requested.
Should those reports not contain engineering opinions that the repairs are necessary, you could take the position that they constitute common element alterations, additions or improvements and that — under Section 97 of the Condomini- um Act — the work requires approval by an affirmative vote of the owners.
If the board does not relent, a court application could be made by an owner, pursuant to Section 134 of the act, requesting a judge’s order that the corporation comply with Section 97.
Is an owner entitled to require an examination of emails between the property manager and the board about a commonelement door to the owner’s unit?
The owner is entitled to examine the emails which constitute a record of the corporation, provided that the emails refer only to the owner’s unit and not to any other unit. One of our owners, who applied for a city permit for renovations to his unit, was advised an existing window needed enlarging. The board advised it would consent if the owner agreed to enter into an agreement, under Section 98 of the Condominium Act, rendering the owner responsible for future maintenance and repairs of the alteration.
The board also required an engineer’s report confirming no negative future structural effects or water seepage. The owner objected. Are we, as a board, being unreasonable?
The board is not obligated to consent to an owner carrying out common-element alterations. The directors are required to act honestly and in good faith.
The requirement for an agreement between the owner and the corporation is set out in Section 98 of the act, and the corporation may require the agreement to make the owner responsible for future maintenance and repairs to the commonelement alteration.
If the owner is unable to provide a reasonable engineer’s opinion or is unwilling to sign the Section 98 agreement, the board could refuse to approve the common-element alteration. 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.