Why do you need a board of directors for a condo?

Rather, board members owe their allegiance to their condo, the Act, the rules and by-laws. Boards do not represent themselves nor the management: They represent owners and should be accountable to them. It is the duty of boards to maintain dignity, respect for others and property, and general civility in a condo building or townhouse complex.

Can a condo board force you to sell?

However, there are circumstances where the condominium corporation can force you to sell your unit, whether you agree with their decision or not. For example, if you have unpaid condo fees, the corporation can register a certificate of lien against your unit. This lien can then be enforced in court and, if necessary, your unit will be sold.

Can a unit owner file a lawsuit against a board member?

Unit owners can also file a lawsuit if the board or individual board members violate the act, the declaration, or the bylaws. The court can award attorney’s fees in such cases. If unit owners believe that the method of removing board members is insufficient they have the right to amend the bylaws to establish a better procedure.

What are the rights of a condominium owner?

Of course their ability to do this depends upon their getting sufficient support from other unit owners to attain the necessary voting power to amend the bylaws. Unit owners also have the right to inspect financial and other condominium records and to vote to approve or disapprove budgets recommended by the board.

Can a condo board member be a board member?

As new condo communities are formed, new board members are also coming into the picture. Many board members do not have prior experience, but simply know that they want to take an active role in their community.

Who is the property manager of a condo?

The Property Manager works for and reports to the Board of the condo. You and your fellow unit owners have elected the Board to serve. If they aren’t doing the job properly, it’s time for a new Board.

Who are the officers of a condo association?

All of the officers have an affirmative obligation to act with utmost good faith towards the association and cannot deal in the funds or the property of the association to their own self advantage. Each association typically has a president, secretary, and treasurer and may have one or more vice presidents.

Is it time for a new condo board?

You and your fellow unit owners have elected the Board to serve. If they aren’t doing the job properly, it’s time for a new Board. The condominium ’s governance documents spell out the rules, regulations, and enforcement procedures for the condo. I guarantee you that bullying and harassment are not a part of those documents.

What is the owner occupied position on a condo board?

This is called “the owner-occupied position.” It should be more clearly named “position voted on by resident owners only.” This position is more and more important in view of the large number of non-resident owners who often have little interest in the condo because, for them, this is just an investment.

How does a condo board work in Ontario?

The board is ruled and enforced under the Condo Act of Ontario and the condo’s own declaration, by-laws, and rules. A well-managed condo will ensure that the rules and declarations are consistently applied with a board of directors who work with the condo corporation to ensure the enforcement.

What are the duties of a condo board member?

and replacement of common areas and facilities.
Collecting unit owners’ share of common expenses.
including determining whether to engage a managing agent.
Creating a method for adopting and amending administrative rules and regulations for the condominium building and its use.

Can condo board members be compensated?

A: Section 18 (a) (3) of the Condominium Act requires condominium bylaws to state the amount of compensation, if any, members of the board may be paid. In other words, the association’s bylaws must expressly authorize compensation of directors to be allowed. Most bylaws state that directors serve without compensation.

What are the responsibilities of condo board of directors?

Responsibilities of the condominium board. The board of directors is responsible for the governance of the condominium corporation. The directors have a duty to “act honestly and in good faith”. Directors should take care not to put their own interests ahead of the interests of the condominium corporation.

What are the duties of condominium boards?

The duties of the condo board encompass every aspect of the condominium’s governance and management. They are the people making all of the major decisions and establishing policies for the condo association.

What are the rules for a condominium corporation?

Rules are required to be consistent with the Condominium Act, 1998 (the “Condo Act”) and the condo corporation’s declaration and by-laws. Rules are also required to be reasonable and meet the criteria of section 58 of the Condo Act. This means rules must serve the purpose of either:

How does a condo board pass a rule?

Rules can be passed, amended, or repealed by the condo board of directors (the “condo board”) but require consent from the owners. First, a new rule, amendment to a rule or repeal to an existing rule will be approved by the board of directors at a board meeting.

When does a condo board meeting become effective?

If a meeting is requisitioned, the condo board must call and hold a meeting within 35 days. In this case the rule will become effective unless the owners of a majority of the voting units participating in the meeting vote against it. Owners do not need board action or consent to requisition a meeting for the purpose of amending or repealing a rule.

Can a renter be allowed to serve on condo board?

A: While the condominium act and the corporation not-for-profit act have few restrictions on who can serve on the board, your documents are the controlling issue on this point. In order to allow renters to serve on the board, you must modify or remove this section in your documents.

Can a condo board pass a pet by-law?

However, the general rule of thumb is that condominium corporations can pass declarations and by-laws that restrict or ban pets, and owners are required to follow them (most of the time). The power to make such rules is somewhat surprising given that such powers are not even granted to landlords in their dealings with tenants.

Can a condo board change common areas without a majority?

Per your scenario, the amendment was duly passed by the correct percentage of unit owners. Section 718.113 (2) (a) of Florida’s Condominium Act allows the unit owners to delegate to the board to make such decisions, which, in your community’s case, the unit owners placed a dollar limitation on the board.

However, there are circumstances where the condominium corporation can force you to sell your unit, whether you agree with their decision or not. For example, if you have unpaid condo fees, the corporation can register a certificate of lien against your unit. This lien can then be enforced in court and, if necessary, your unit will be sold.

How are condo fees determined by the board?

Also, remember that condo fees are determined by the condominium’s board of directors, which is made of owners just like you. In other words, no one is profiting from these fees – they are decided by owners who have to pay them just like you do.

Who are the members of a condominium board?

Association boards without an experienced accountant as a member should consider getting advice from an outside CPA to ensure that their budget is reasonable and complete. Condominium budgets should be built like those of nonprofit corporations.