Purchasing a unit inside a condominium means investing in a community. Part of that community investment involves regular communication with the condominium’s Board of Directors. 

A condominium’s Board of Directors is elected by the owners. The Board of Directors is responsible for handling a condominium corporation’s affairs. Because of this, it’s important for you to stay informed about the events surrounding your condo, vote, or become a director yourself. 

However, the above may be difficult if one does not understand the role of the director, so we have outlined that for you! 

Roles and responsibilities.

What are the affairs that your condominium board tackles on a daily basis? Well, that can depend. However, to run in compliance with the Condominium Act, 1998 (the Condo Act), as part of their responsibilities, directors meet regularly to discuss the following: 

• Tracking your condominium’s financial performance;
• Ensuring all required maintenance and repairs are carried out;
• Hiring specialists (like engineers) to update the reserve fund study every three years;
• Making or amending condominium by-laws;
• Enacting rules to promote the safety, security, and welfare of all owners; and
• Providing regular communication with the other owners.

It is only during the scheduled directors’ meetings that any business can be conducted. There must also be a quorum at the meeting. This means that there must be a majority at the directors’ meeting. 

These meetings are typically once a month, but can be more or less frequent depending on the board. For those of us with tight schedules, luckily, director meetings don’t need to be face-to-face. Many boards choose to have teleconferences to ensure most can attend. 

Qualifications of a director.

In order to be elected as a director, you must meet the following qualifications:

• Be at least 18 years of age;
• Not be bankrupt;
• Not have been found incapable of managing property within the meaning of the Substitute Decisions Act or the Mental Health Act;
• Be an individual;
• Not been found to be incapable by any court in Canada or elsewhere, subject to the Condo Act’s regulations; and
• Have complied with the required disclosure obligations.

Take note that a condominium corporation’s by-laws may impose additional qualifications for candidates seeking election. An example of this would be that you must be an owner of a unit in the condominium corporation where you are running for election as an director. 

Electing people to the Board of Directors. 

If a director’s term is expiring, a replacement director will be elected at the next owners’ meeting. This means residents can run for a seat on the condominium corporation’s board. 

Each condominium has its own by-laws and rules, so the process for electing directors will vary. 

If you know ahead of time that you are interested in running for a position on the board, you should notify your board before your AGM. Doing this will mean that your name is included in the AGM package that is sent to all residents before the meeting. However, you can still stand for election the day of the meeting.

This gives you a chance to introduce yourself at the AGM where residents will be voting.

When residents are voting for a new director, there will be a variety of considerations including: 

• The information you have about the candidates (that introduction may come in handy!);
• Speaking with the candidates directly; and,
• Discussing candidates with your neighbours.

Serving on the Board of Directors is no easy feat, and can be time-consuming. It’s important to understand the role of your directors when communicating so that you have a realistic expectation of what can be done. 

And if you’re interested in helping be a part of the positive change in your condominium community; keep in touch with your area’s CCI chapter for information, resources, and support. 

Mandatory disclosure from the CAO: 

Effective November 1, 2017, directors of condominium corporations, as well as candidates for director positions, must make certain disclosures. Once a person is elected to a board, he or she is subject to ongoing disclosure requirements for the duration of the term. Failure to meet these requirements will immediately disqualify someone from being a director.

Maggie Matian
Marketing Manager for CCI Grand River

With July just around the corner, and the end of the school year finally making its way through Ontario, many will be looking to pack their bags and go for a change of scenery. 

Whether it be a town over for a quick weekend getaway, or a plane ride to a whole new time zone, there’s much to consider when leaving your condominium for any length of time. 

It is murphy’s law that whatever can go wrong, will go wrong. So, why not do everything you can to make sure it doesn’t? As a unit owner, and as a member of your condominium community, there are a few extra steps to take to ensure that while you’re enjoying some well-earned R&R, your unit stays safe, secure, and in tip-top condition. 

Notify your condominium manager.

The first thing you’ll want to do once you’ve settled your departure details, is to inform your condo manager and administrator that you will be away from your unit. This type of notice will allow your condominium management company to be aware of the people trying to access your unit while you’re away. Will you be arranging to have a cleaning crew come in? Someone to water your plants? What about a pet that will need someone to come take care of them? Help keep your community and unit secure by alerting the appropriate channels. Leave your contact information with your manager in case there comes a situation where you need to be contacted. 

Lock all doors and windows. 

In the event that you won’t be using a cleaning crew, or pet/plant sitter, you’ll want to make sure your unit is locked and secure. Check all your windows and close your blinds. Make sure to check any point of entry is secured and locked. Consider taking photos around your unit to compare against your return. Not only will this help protect your unit from unwanted visitors, but also ensure there won’t be unnecessary damage from rain coming through the windows.

Unplug your appliances.

Go around your unit and unplug all appliances that don’t need to be running (like your refrigerator). This will help protect your unit from sudden power surges or from complications of any storm that may happen during your absence. 

Check all your faucets. 

Make sure all your sinks and washrooms are in good working condition. Check your taps to ensure there are no drips that could turn into anything disastrous. Have you been noticing any odd noises coming from your toilet? Get that checked before you leave. No one wants to come home to a flooded toilet, and a downstairs neighbour with a wet ceiling. 

Communicate your parking needs.

Will you be leaving your car behind? Double-check that your car is locked and secured. Will you be taking your car with you? Communicate with management that your spot will be empty during your vacation, so that they can be on the lookout for any opportunist that may take advantage of your parking space during your absence. 

For any planned, or unplanned absences, your condominium manager will be your best friend. Communicating with them ahead of time will help alleviate the stress of leaving your unit. Remember, contacting your condominium manager goes both ways. If while you’re away you feel that you may have left the oven on, or your straightener plugged in, contact your manager and give permission to make sure your home is still in the condition you left it in, and will be in the same condition when you come back home. 

After all, you deserve this vacation. Your condominium community can help ensure that your vacation ends on a high. 

And not a repair invoice. 

Maggie Matian
Marketing Manager for CCI Grand River

“What do you do for a living?” – the hardest question ever asked to a condominium manager.

When I first started to write this, I thought about what it is to be a condominium manager, and how hard the job is to explain to people at dinner parties. Remember dinner parties?

Most little boys and girls don’t answer “property manager” when asked what they hope to be when they grow up; it seems to be a profession that just finds us, often as a second or third career.  Condominiums are unique communities (sometimes a bit too unique) that require managers to wear many hats, and none are a one-size-fits-all. A good manager is a chameleon, if that chameleon also happens to be extremely patient, an efficient communicator and great at multi-tasking.

What is the hardest part of all that?

On the surface, the dabbling into law, building maintenance, employees, finance, HR, all the while being on-call for your buildings is a little snapshot. Getting a 2 a.m. call that there is a major flood, a fire, or visitors parking is full (everyone defines emergency differently) is never a fun experience so we are grateful when the stars align, and the phone is quiet. Having to be on the receiving end of extremely difficult phone-calls and meetings is likely one of the hardest parts of the business. No one likes to be berated for doing their job, and luckily most people are polite, but expectations are sometimes out of whack, even from the condominium Board. There are the residents that blame us for increasing condo fees (even though buildings do in fact need funds to function) and enforcing rules (we would like to spend our time doing things other than reminding residents that Christmas in June is not a thing, so those lights should come down).

So, you sit at a desk all day?

Every day something unexpected pops up, and we often are heard saying “that is a new one”. You have never “heard everything” in property management; situations will make you scratch your head, ponder if drinking on the job is acceptable and praying you do not accidently hit “send” on that draft email. On the positive side, every day brings a new learning experience, and nothing is ever dull. You must be familiar with your site(s) and even that role varies; some property managers have an office in their one building whereas others look after more smaller properties. To answer your imaginary question, we do not sit at our desk all day, even though that would be easy to do as we get more mail than Santa Claus.

You mentioned a Board…

The Board of Directors, whom we take direction from and report to, are a bag of mixed candies; some are sweet, some are sour, and some explode upon contact (pop-rocks style). They come from all walks of life, educations, and backgrounds, from students to former CEOs of multi-million-dollar companies. Sometimes it is just a husband and wife, and if they cannot find a babysitter, their child may come along as an observer. These Directors can change at any time, and so you must quickly adjust to the new random mix of personalities that get thrown at you at the drop of a hat. Some Boards are very casual and would make a sailor blush with their language. Other are very formal, and you feel the need to change into your good shirt or tie during the Zoom call and review Roberts Rules of Order before the meeting. Loyalty and trust-building can be difficult since a newly elected Board may wish to clean house and get a new management company, despite years of a strong working relationship. I personally like the adage “managers manage, directors direct” and when there is a stream-lined process in place, a condo should run like a well-oiled machine (that is, until there are not enough funds in the reserve account to operate said machine).

So, you are like a real estate agent that does superintendent work?

Are you even listening? Where was I…the Board are the folks that hire us property managers, and as I mentioned, these people range in not just their working backgrounds, but in the type of Director they are. Some must have been military sergeants in their past lives while others are silent ghosts who disappear if you look at them too closely. Luckily for the most part, directors are there to ensure that their investment, as well as all the other owners, is being well looked after. Clear communication goes a long way in working hand and hand with the Board, and it is extremely satisfying when that major project gets completed, or you come to the end of dealing with a difficult situation together.

I still don’t get it.

That is okay. A lot of condo home-owners do not really understand either. We are often seen as the “bad guys” who tell them their adorable family dog is not permitted, that their cigar habit is a nuisance to neighbours, or their four vehicles have nowhere to go. You can just imagine how well it goes being the provider of such good news and deflating the excited energy of someone who just purchased a new property. The CAO and ACMO provide so much helpful information on their websites, and we can only hope that those in the market for condos (which grows daily) educate themselves before purchase.

So you enjoy it?

Despite kindergarteners not putting “condominium manager” up there on their career wish list along with astronauts, hockey players and rock-stars, it is an extremely important job that deserves more attention. There have been many articles written about the manager shortage crisis in Ontario, and hopefully more people are attracted to the profession that never gets boring. There are always interesting people to meet and connect with, and new and exciting things to learn. It also feels great to get so much accomplished for people’s homes, so go thank your property manager today! 

Sara Hicks, B.A.,(H.), OLCM, RCM, LCCI
Vice President, Owner, MF Property Management
www.mfproperty.ca

A condominium’s board of directors is responsible for informing unit owners of events, changes, and other matters relating to the condominium community. Often the board has a property manager who assists with providing this information to unit owners. The most effective way to notify owners (and in some cases, the method required by law) is by sending written notices.

This blog covers some of the common situations where condominiums send written notices to unit owners, and explains how and when to provide these notices.

Notices of Owners Meetings

The Condominium Act, 1998 (the “Act”) requires a condominium to send owners and mortgagees two different written notices before any owners meeting. The two types of notices are:

1.      Notice of Meeting: This notice must be given at least 15 days before the meeting. There is a prescribed form that must be used, which includes (among other things) the date, time, and location of the meeting and a summary of the meeting subject matter. The Notice of Meeting is delivered to owners and mortgagees whose names are, or are required under the Act to be, in the condominium’s records 20 days before the meeting date. 

2.      Preliminary Notice of Meetings: This notice must be given at least 20 days before the Notice of Meeting is given. There is also a prescribed form that must be used, which includes (amongst other things):

a.      the purpose of the notice and upcoming meeting;

b.      if the meeting will elect directors, details on the position(s) available and the date by which any interested candidates must notify the board of their intention to be a candidate; and

c.      if any owner wishes to include any material with the Notice of Meeting, to provide the material by a set date.

The Preliminary Notice of Meeting is delivered to owners and mortgagees whose names are, or are required under the Act to be, in the condominium’s records 5 days before the notice is given.

Note that if the board has lost quorum and/or the entire board has resigned, the Preliminary Notice of Meeting must be given at least 15 days before the Notice of Meeting, and the meeting itself must be held within 30 days of losing quorum.

Depending on the type of owners’ meeting being held, there are additional documents which must be provided with the meeting notices. Ensure you check the requirements applicable to the type of meeting you are calling.

Notice of Rules

If the board makes, amends, or appeals a rule, the board must send notice to owners that includes the new rule(s), the date the rule(s) will be effective in accordance with the Act, and a statement of the owners’ right to requisition a meeting.

Notice of Future Funding of the Reserve Fund

Every condominium must complete a reserve fund study every three years, and this study gives the condominium and owners vital information on future costs the condominium will incur.

Within 120 days of receiving a reserve fund study, the board must propose a plan of future funding of the reserve fund that ensures the fund will be adequate. Within 15 days of proposing a plan, the board must send owners a notice on the prescribed form which includes a summary of the study, summary of the proposed plan, and statement of any differences between the study and the plan.

Community Notices

Some notices don’t need to be given to each individual unit owner, but should be posted in a location that all owners will see. Examples includes notice of temporary amenity closures and fire alarm testing.

For general notices like these, consider posting advance notice of the event in the elevators, lobby, and on any shared online owner portal/website. The notice should be specific and clear. Include dates, times, and contact information for who owners can contact if they have questions (e.g. the property manager’s email address).

Hard Copy vs. Electronic Notices

Would you like to provide notices by e-mail instead of in paper form? Many owners prefer e-mail too! However, written notices required under the Act must be given in hard (paper) copy to owners unless the board has passed a resolution authorizing electronic communication with owners and the owners have agreed to receive notices electronically.

There is a prescribed form of Agreement to Receive Notices Electronically, which each owner and the condominium corporation must sign before that owner can received electronic notices.

Benefits of Written Notice

Providing written notice to owners of upcoming events or changes, even in situations where you may not be required to do so, has many benefits. If you’re unsure of whether you should provide notice, consider:

1.      Owners appreciate being kept “in the know.”

2.      From a management perspective, providing advance notice will reduce the likelihood that an owner raises a dispute related to the subject of the notice later on. If an owner does wish to dispute the subject matter of the notice, it is better for everyone that this dispute arises before the event/change takes place.

3.      Open communication facilitates healthy relationships (in any context) and builds trust between the board/property management and the owners.

The circumstances for providing notices discussed in this blog are not an exhaustive list of when to send written notices. If you are unsure of whether a written notice is required or recommended, or the timeframe in which to send a notice, consult a professional (for example, your property manager or condominium lawyer).

I also recommend reviewing these blogs by my colleague Michelle Kelly with additional examples of notices to owners: Notice to Owners, Not Just for Meetings, and Notice to Owners, Not Just for Meetings Part 2.

Annie Bailey
Condominium Lawyer
Robson Carpenter