By popular demand, here's another series of quick questions and answers about what a condominium corporation Board may and may not do. While condo Boards have broad authority, there are limits in the Condo Property Act of Alberta and in common law on what a condominium's governing body may do or may restrict. In some cases disputes arise not over a Board's action or a restriction it places on owners, but on its failure to adequately communicate about an issue.
So communicate, folks. Send out newsletters, invite owners to your Board meetings, post minutes in the mail room, and create a web site where all of your condominium documents and newsletters can be read by owners and prospective buyers of their homes. Beyond that, here are some common questions.
"My condo Board has contracted for en-mass cable TV and internet services in our building, but I'd rather subscribe to other services personally or not at all."
The Board probably has legal authority to buy packaged services for all owners with an eye to obtaining a discount, but some people don't watch TV (I'm one such), and some prefer one TV and/or internet service provider over another. An Ontario court case in 2008 upheld a condo Board's authority in this regard. But before doing something like this, fairness dictates that the Board survey the owners and have virtually unanimous support. As well, I'd keep in mind that these additional services will give the appearance of condo contributions that are higher than average, which might make prospective buyers cautious.
"My condo Board has established a fee for both moving in and moving out. I won't pay it, but will move out quietly, so they won't know the difference."
It's pretty hard not to be noticed when moving into or out of a condo apartment building or townhouse development, and the Board probably has authority to fine an owner for skirting a reasonable charge for moving in or out. Some condo Boards now hire a security guard to supervise moves, keeping out vagrants while doors are propped open, and keeping light fingers from making off with possessions stacked in a building lobby or on the moving truck. Reasonable is a key word here, but Boards do have that authority.
"My condo Board says no further suites in my building may become rentals."
Alberta's Condo Property Act specifically allows all condominium homeowners to rent out their property, although Boards have the authority to require a common-property damage deposit, to know what rent is being charged, to know where to find the owners if they're not on-site, and to require exemplary behaviour from tenants. In a Calgary court case an owner won his demand to be allowed to rent out his suite, regardless that the building's Bylaws prohibited rentals. Confusion arises because B.C. law allows condo buildings there to impose limits on rentals.
"My condo Board says its meetings are private, not allowing other owners to attend, and keeping minutes secret."
Although attendance at Board meetings by non-Directors is a grey area, what's the problem? The best condo Boards are wide open, welcoming any owners who choose to sit in on meetings, posting minutes on bulletin boards and publishing minutes on a web site. The Act requires minutes of meetings to be available, although a reasonable fee may be charged, but I see no reason to charge owners for access to their own information.
As with any municipal council meeting, though, there may be a topic or a complaint that deserves private airing. If the Board will hear an allegation against a specific suite, for example, it's best that it be heard privately because sometimes allegations are unfair. Minutes could report on the discussion and even the resolution adopted, showing that the issue was dealt with, but the suite or townhouse number could be deleted from the published minutes.
"My condo Board has voted to pay each member a $100 stipend each year."
Yes, Boards have authority under Alberta's Act to pay Directors something for their time, although I'd be cautious and distinguish between volunteer time expected of anyone, and labour that goes beyond what volunteers should be doing. Only when Directors start cleaning windows, cutting grass, or perhaps the Chair is mediating in-house issues that take considerable time, would I pay them. It's too easy for a modest stipend to be seen as featherbedding.
"My townhouse Board wants to save money, so it says chimney cleaning is each homeowner's responsibility."
Boards sometimes try to save money when it would be better to do a job like this professionally and collectively. Fireplace chimneys in townhouses pass through exterior walls and attic spaces plus the roof, most or all of which are common property. The chimneys themselves are also probably common property and thus are the responsibility of the condo corporation to maintain. If suite owners fail to maintain their chimneys and a fire results, the Board could be held liable for its failure to maintain them. 'Better spend the money, Board.
Calgary Condominium Directory
