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"Can my Condo Board do that?" is a question I sometimes hear. Condominium home owners who read on-line resources, ranging from my own web site to Service Alberta's great summary of condominium issues, will usually know whether a Board can or cannot do a variety of things. Often the issue isn't whether the authority is there, but rather whether the action was well performed, or perhaps should have seen earlier notice given to owners. Let's run through some of the most common such questions.
"Can the Board impose a special assessment without my support?":
In a word, yes. Boards have a duty under Alberta law to maintain the common property, be that the roadway in a bare-land condo development, the pool in a vacation condo development, or the roof and the boilers in an apartment-style condominium building. Sometimes one of these components is failing, and there's not enough money to repair or replace it, so extra money must be raised.
Boards are reluctant to impose special assessments because their neighbours won't like it, but also because they themselves must each pay their share of the bill. Yet sometimes Boards discuss this action for a year before issuing the bad news, catching their neighbours off guard. As much notice as possible should be given for a large special assessment; up to a year if the bill will be truly large.
"Can the Board evict my disruptive tenant? He always pays on time.":
Although a tenant may pay the rent on time, he or she may also be making life miserable for the neighbours to your suite, townhouse or bare-land-condo property. Just because the issues are out of sight and out of mind of the property owner doesn't make the problem go away, and condo Boards have the right and the duty (see how those words go together?) to administer the property. The courts have upheld the right of condo Boards to evict tenants and even owners who repeatedly disrupt the lives of others.
"Can the Board stop me smoking stogies on my patio? They're Cuban.":
Even if they're quality Cuban cigars presented to you personally by Fidel Castro, your aroma can be your neighbour's insufferable stink. Patios and balconies in apartment and most townhouse-style condominiums are common property, just like the lobby and the hallways, so smoking—of anything—is prohibited through the Bylaws. Most condo Boards ignore smoking of tobacco on patios and balconies, but if it's a real problem for others they certainly have the right (the duty?) to end it. A possible exception will be bare-land condos, in which you own the land itself.
"I feed some birds (squirrels, whatever) off my balcony. Why should the Board care?":
Oh, they care all right, and so would you if you lived in the suite below where the birds' droppings splatter against the windows and onto the balcony. A case in Vancouver saw a bird-feeding condo owner fight his Board's order to stop doing so, resulting in a 10-year-long court fight. In the end (2004) the condo Board won, and the intransigent bird-feeding homeowner was ordered to pay the corporation's $143,000 legal bill. That was expensive bird feed.
"My Board is building a swimming pool from reserve funds. Is that okay?":
No, it's not okay for a condominium Board to spend money on a new facility without 75% support of property units and of unit factors. If there is a pool it can certainly be repaired and even be rebuilt, if necessary. But a Board's duty is to maintain or replace what exists, not to change what exists.
"Our building has $100,000 too much in reserve, so I want a refund":
While condominium corporations sometimes do build up a surplus, it is against the law to refund money to owners once it is collected. The problem, of course, would be with people who have just sold, but would rightly want their share, and then figuring out what that share would be. The simple solution is to lower the condo contributions ("fees") for a year or two until the surplus funds are spent.
"My Board pays the Chairman a stipend I don't think he deserves.":
While some may think that all condominium Board work should be unpaid and volunteer, that's usually said by those who aren't volunteering. Some condo developments are "self managed", meaning the Directors handle the bank accounts, collect fees and arrears, pay bills and contract for services, or even cut the lawns themselves. In larger buildings there will be professional management, but that firm works off-site, so Directors can be found counting laundry change, coordinating access for trades people and fetching backup suite keys from the safe when people lock themselves out of their homes.
Boards do have authority to pay Directors, although usually it's a small stipend or a per-occasion payment. In future I expect we'll see professional Board members hired by very large condo developments who want professional and independent advice at their table each month. Up to a third of a Board's Directors can be non-owners.
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