Removing directors from a condo board

Where in the Condominium Act do I find details about how to remove a director from our board?

Subsection 33(1) of the Condominium Act provides that a director may be removed before the expiration of his or her term by a vote at an owners’ meeting. The meeting must be requisitioned in accordance with section 46 of the act, and owners of more than 50 per cent of the units must vote to remove the director.

Section 46 outlines that an owners’ meeting may be requisitioned by at least 15 per cent of the units whose names appear as unit owners in the corporation’s records, and whose common expense contributions are not in arrears for more than 30 days. My condominium has not had hot water for about a month. The board has stated that it would replace the cartridges in the faucets at the owners’ expense. Are the owners responsible for the cost? Can I reimburse myself by holding back my maintenance fees?

If the hot water problem is the result of the failure of the cartridges, you should take a look at the schedule to your condo corporation’s declaration that sets out the boundaries of the unit. An examination of the declaration and schedule could reveal that the faucets, and the cartridges, are not part of the common elements but are part of the units.

Declarations invariably provide that maintenance and repair of the units are the obligation of the unit owners. And, in that event, replacement of the cartridges will be your responsibility.

Even if the cartridges are part of the common elements, and their replacement is the obligation of the corporation, you are not entitled to withhold your common expense contribution if the corporation requires payment from you. Awindow in my tenantoccupied unit has been cracked. Management states that I am responsible for the replacement as the unit owner. But isn’t the window a common element and its replacement an obligation of the corporation?

Exterior windows in highrise condominiums are invariably common elements. The corporation is responsible for maintenance and repair of the common element, unless the declaration transfers either — or both — of those obligations to the unit owners.

Even if there is no such transfer, the declaration may make the unit owner responsible for the repair of damage to the common elements caused by the unit owner or an occupant of the owner’s unit.

If a non-resident owner gives their tenant power of attorney over matters arising out of the ownership of the unit, is the status of the tenant equal to that of the unit owner?

Under the power of attorney, the tenant would be able to make decisions on behalf of the unit owner. That does not mean that, for all purposes, the tenant has the status of the owner.

For example, if the owner defaults in his contributions to the corporation’s common expenses, the tenant would not be responsible as the result of the power of attorney. Although, under subsection 87(1) of the Condominium Act, the tenant may be held responsible for the default.