Toronto Star

Can unit owners get hydro rebate, or will it go to corporatio­ns?

- Gerry Hyman

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.

 ?? DREAMSTIME ?? Unit owners are entitled to examine the engineerin­g reports the corporatio­n received outlining necessity of expensive works.
DREAMSTIME Unit owners are entitled to examine the engineerin­g reports the corporatio­n received outlining necessity of expensive works.
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